Informační a komunikační technologie jako faktor soukromoprávní deliktní odpovědnosti člena statutárního orgánu obchodní korporace

Technological development and the growing availability of solutions for the operations of business corporations present both an opportunity to strengthen business activities and a source of new threats and risks, considering the vulnerabilities that such technologies inherently possess. This creates challenges for members of the statutory bodies of business corporations who make decisions on the use or non-use of information and communication technologies, even though they do not (and cannot) have complete information, especially regarding the technical aspects of the solutions. Practical experience shows that it is impossible to ensure the flawless operation of every technology, and especially for high-risk industries and the ways information and communication technologies are used, general legal regulations impose specific requirements under so-called ex ante regulation. In this context, a member of a statutory body faces the risk of private law tort liability arising from a breach of the requirements placed on the performance of their function, whether in relation to the corporation itself or to third parties. The research in this dissertation focuses on the gap in the comprehensive perspective on information and communication technologies, their use, and the risks arising from them, specifically in relation to the performance of the duties of a statutory body member. The research also includes ongoing legal discussions regarding the nature of the liability of a member of the statutory body of a business corporation and the dynamically changing binding legal regulations, particularly in light of EU law. In this context, the research examines the nature of the consequences of ex ante regulation, considering whether it is or is not a factor influencing the private law liability of a statutory body member, and also addresses measures that limit or prevent the emergence of such liability.