NAVIGATING LEGAL FRONTIERS: ADDRESSING CHALLENGES IN REGULATING THE DIGITAL ECONOMY
1. Introduction. – 1.1. The Methodology. – 1.2. Defining the Problem. – 2. Legal Regulation and the Digital Economy. – 3. The Digital Markets Act. – 4. The Digital Services Act. – 5. Navigating Digital Platforms in the Western Balkans. – 6. Digital Economy Growth in the Western Balkans. – 7. Legal and Policy Frameworks on Public-Private Partnerships in Cybersecurity: A Comparative Overview of Western Balkan Economies. – 7.1. Albania. – 7.2. Bosnia and Herzegovina. – 7.3. Kosovo. – 7.4. Montenegro. – 7.5. North Macedonia. – 7.6. Serbia. – 8. Online Services as Part of e-Government. – 9. Challenges of Regulating the Digital Economy: Towards a Comprehensive Legal Framework. – 10. Conclusions.
Abstract
Background: The integration of digital technologies into various facets of society has given rise to the digital economy, transforming the economic landscape. Western Balkan nations face challenges from this digital transformation, necessitating effective regulatory frameworks. Recognising and addressing regulatory gaps is crucial for fostering a secure and innovative digital environment. This study examines regulatory challenges in the Western Balkans' digital economy, focusing on public-private partnerships (PPPs) in cybersecurity. The research question revolves around identifying gaps in legal frameworks, understanding PPP dynamics in countering cyber threats, and assessing the potential impact of the EU's Digital Market Act and Digital Services Act on the Western Balkan regulatory sphere.
Methods: The research employs a qualitative approach, analysing the legal and policy frameworks of six Western Balkan countries. Data is gathered through an in-depth examination of cybersecurity laws, strategies, and action plans, with a specific emphasis on provisions related to PPPs. Comparative analysis is utilised to discern patterns and variations across the countries while also considering the potential impact of the Digital Market Act and Digital Services Act.
Results and conclusions: The analysis reveals a common challenge – the lack of specific regulations for the digital economy, creating a legal vacuum. Varying PPP integration levels exist across the Western Balkans. Significant findings include ethical considerations, challenges related to data privacy, and the need for robust competition regulations. Examination of the Digital Market Act and Digital Services Act highlights potential harmonisation opportunities and challenges. In conclusion, the research underscores the urgency for comprehensive regulatory reforms in the Western Balkans to address the challenges of the digital economy. The study advocates for developing specific laws governing digital platforms, strengthening PPPs to enhance cybersecurity, and incorporating ethical considerations in legal frameworks. The findings offer valuable insights for policymakers and stakeholders, emphasising the necessity of adaptive and forward-looking regulatory approaches in the ever-evolving digital landscape, considering the potential impact of EU initiatives such as the Digital Market Act and Digital Services Act.
Methods: The research employs a qualitative approach, analysing the legal and policy frameworks of six Western Balkan countries. Data is gathered through an in-depth examination of cybersecurity laws, strategies, and action plans, with a specific emphasis on provisions related to PPPs. Comparative analysis is utilised to discern patterns and variations across the countries while also considering the potential impact of the Digital Market Act and Digital Services Act.
Results and conclusions: The analysis reveals a common challenge – the lack of specific regulations for the digital economy, creating a legal vacuum. Varying PPP integration levels exist across the Western Balkans. Significant findings include ethical considerations, challenges related to data privacy, and the need for robust competition regulations. Examination of the Digital Market Act and Digital Services Act highlights potential harmonisation opportunities and challenges. In conclusion, the research underscores the urgency for comprehensive regulatory reforms in the Western Balkans to address the challenges of the digital economy. The study advocates for developing specific laws governing digital platforms, strengthening PPPs to enhance cybersecurity, and incorporating ethical considerations in legal frameworks. The findings offer valuable insights for policymakers and stakeholders, emphasising the necessity of adaptive and forward-looking regulatory approaches in the ever-evolving digital landscape, considering the potential impact of EU initiatives such as the Digital Market Act and Digital Services Act.
About Authors
Liridon Dalipi
Dr.Sc. (Law), Associate Professor, Faculty of Law, University "Kadri Zeka”, Gjilan, Republic of Kosovo
liridon.dalipi@uni-gjilan.net
https://orcid.org/0009-0000-9372-104X
Co-author, responsible for research methodology, data collection, writing, and supervising.
Agim Zuzaku
Dr.Sc. (Law), Assistant Professor, University for Business and Technology, Prishtina, Republic of Kosovo
agim.zuzaku@ubt-uni.net
https://orcid.org/0000-0003-3811-9093
Corresponding author, responsible for conceptualization, writing, and data collection.
Competing interests: No competing interests were disclosed.
Disclaimer: The authors declare that their opinion and views expressed in this manuscript are free of any impact of any organizations.
Managing editor – Mag. Yuliia Hartman. English Editor – Julie Bold.
Copyright: © 2024 Liridon Dalipi and Agim Zuzaku. This is an open access article distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
Dr.Sc. (Law), Associate Professor, Faculty of Law, University "Kadri Zeka”, Gjilan, Republic of Kosovo
liridon.dalipi@uni-gjilan.net
https://orcid.org/0009-0000-9372-104X
Co-author, responsible for research methodology, data collection, writing, and supervising.
Agim Zuzaku
Dr.Sc. (Law), Assistant Professor, University for Business and Technology, Prishtina, Republic of Kosovo
agim.zuzaku@ubt-uni.net
https://orcid.org/0000-0003-3811-9093
Corresponding author, responsible for conceptualization, writing, and data collection.
Competing interests: No competing interests were disclosed.
Disclaimer: The authors declare that their opinion and views expressed in this manuscript are free of any impact of any organizations.
Managing editor – Mag. Yuliia Hartman. English Editor – Julie Bold.
Copyright: © 2024 Liridon Dalipi and Agim Zuzaku. This is an open access article distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
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8. Xiao X and other, ‘ICT Innovation in Emerging Economies: A Review of the Existing Literature and a Framework for Future Research’ (2013) 28(4) Journal of Information Technology 264, doi:10.1057/jit.2013.20.
9. Zuzaku A and Abazi B, ‘Digital Transformation in the Western Balkans as an Opportunity for Managing Innovation in Small and Medium Businesses - Challenges and Opportunities’ (2022) 55(39) IFAC-PapersOnLine 60, doi:10.1016/ j.ifacol.2022.12.011.
10. Zuzaku A, ‘Communication and Transparency of Public Administration Through Electronic Governance’ (Master's Thesis, University of Southeast Europe 2010).
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How to cite it?
- Dalipi L and Zuzaku A, ‘Navigating Legal Frontiers: Addressing Challenges in Regulating Digital Economy’ (2024) 7(2) Access to Justice in Eastern Europe 112-137. Last published 1 May 2024 https://doi.org/10.33327/AJEE-18-7.2-a000205
