Law Support of the Digital Economy: Problems and Prospects

Abstract

The article is devoted to the search for a model of legal regulation of social relations arising in the transition to a digital economy. The rapidly developing information technologies require scientific justification for their promising legal regulation, which determines the relevance of the research topic. The international and world experience of legal regulation of the digital economy is investigated. The development of information technology has led to the widespread use of electronic forms of transactions. The article studies the world practice of establishing the principles of electronic communication and legal regulation of the conclusion and conclusion of an agreement in electronic form. The conclusion is made that the legal regulation of the digital economy in Russia lags behind the existing realities and is catching up. Russian legislation needs to be supplemented with its norms, which should become the basis for legal support of relations in the digital economy. The problems of legal regulation of relations in the digital economy in modern Russia are identified: insufficient correlation with the world practice of legal regulation of the digital economy; the uncertainty of the official concept of the development of the digital economy; digital divide insufficient legal regulation of transactions in electronic form. The purpose of the work is to identify the problems of legal support of the digital economy and develop proposals for their solution. The results of the study-proposals for the legal support of the transition to a digital economy-will help solve the problems of society and the state.

Digital Economy Barriers to Trade Regulation Status, Challenges, and China's Response

“…It does not address the legal character of digital products transmitted electronically and the possible restrictions on countries' data transmission. What is more, the DGEC itself is only a declaration of the WTO Council, does not have the mandatory binding force of multilateral trade agreements, and is a quick decision that does not solve many of the problems related to electronic data transmission (Filonova, Polyakova, Neverov, & Mayboroda, 2020).…”

“…Digital trading provides all countries growth opportunities and takes all countries' international regulatory issues. The challenges raised by digital trade are concentrated in three areas: the development of digital trade needs the free flow of data between countries at the national level, the free flow of data without restrictions poses significant challenges to national security, and the excessive focus on strict national security regulation impedes the development of digital trade; However, how to balance development in digital technology, data-free flow efficiency, and fair competition is an outstanding problem of competition regulation, personal level, since data contains ordinary people's privacy information, data-free flow can give up serious problems of personal data leakage and privacy protection, but the protection of non-differentiated personal information can give up severe problems of data leakage and privacy protection (Filonova et al, 2020).…”