NAVIGATING LEGAL FRONTIERS: ADDRESSING CHALLENGES IN REGULATING THE DIGITAL ECONOMY

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.