Projects / Programmes
Legal challenges of the information society
January 1, 2018
- December 31, 2027
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| 5.02.00 |
Social sciences |
Economics |
|
| Code |
Science |
Field |
| S110 |
Social sciences |
Juridical sciences |
| Code |
Science |
Field |
| 5.05 |
Social Sciences |
Law |
| 5.02 |
Social Sciences |
Economics and Business |
information society, internet, digital single market, online business, online platform, cooperative economy, digitization, civil law, competition law, human rights, law of inheritance, testament
Data for the last 5 years (citations for the last 10 years) on
April 27, 2024;
A3 for period
2018-2022
| Database |
Linked records |
Citations |
Pure citations |
Average pure citations |
| WoS |
53 |
525 |
476 |
8.98 |
| Scopus |
67 |
644 |
589 |
8.79 |
Researchers (18)
Organisations (1)
Abstract
Internet and digital technologies are changing the way of life and work, both at the level of individuals in businesses and communities. They are becoming an increasingly important part of all sectors of our economy and society. New circumstances must be followed by the development of the regulatory framework and the legal theory. The central part of the research program in the next period will be devoted to studying the emerging legal framework of the European Digital Single Market and its consequences for the Slovenian legal system. The Digital Agenda and the Strategy for the Digital Single Market for Europe predict intense rule-making activity in this field, which will also influence the Member States’ legal systems. The Digital Single Market should ensure free movement of persons, services and capital. Individuals and businesses, irrespective of their nationality or place of residence, should be able to access online services or offer them without barriers, under conditions of fair competition and ensuring a high level of consumer protection and personal data. The topic of the research programme is focused on those measures for the implementation of the Strategy the substance of which will most closely affect the field of private law. We will also study the issues of the information society whose regulation does not derive directly from the Strategy for the Digital Single Market, but are substantively related to the legal framework of the digital single market. Our research will cover the following sets of topics:
Legal regulation of online business;
The reform of copyright law and the regulation of audiovisual media;
The regulation of online platforms and cooperative economy;
Applying rules of competition law on the Internet;
The importance of the regulation of the Internet for democracy and human rights;
Digital technology in the field of inheritance law.
Significance for science
The research program is of great importance for the development of legal science, since its subject are new and emerging legal issues of the information society, which the legal theory has not yet fully addressed. The regulation has to adapt to the technological development. In the coming years, the European legal framework of the information society will be updated significantly, which will also affect the Slovenian legislation. The research program will allow for systematic monitoring of the regulatory developments and will comprehensively address the legal issues that arise in different areas of information society law. The publication of research results will contribute to the development of Slovenian legal science in the field that has clearly not been dealt with sufficiently in the Slovenian legal literature.
As the topic is relatively new, the lack of domestic legal theory cannot be satisfactorily replaced by relying on the teachings of foreign legal science, since new information society services are emerging constantly due to the development of information technologies. This brings about new legal issues concerning which the comparative jurisdictions have also not yet formed established positions. Due to an extensive revision of the legal regulation of various aspects of the information society at European Union level, a significant part of the existing academic literature will be outdated in the coming years and will have to be updated.
By analysing the interaction between the services of the information society and the legal system, we will identify new problems that the legal science has not yet detected. A characteristic of the widespread use of information and communication technologies is that they shed new light on what appear to be settled legal positions and thereby raise the question whether the existing norms still serve their purpose under the changed circumstances. In-depth discussion of the relevance and purpose of certain fundamental doctrinal solutions in the new technical and economic environment has been absent in Slovenian legal science. Through an intensive research of these legal issues, Slovenian legal science can take part in the development of the European and global legal theory and contribute its answers to some of the global legal issues of the information age.
Significance for the country
Slovenia is gradually catching up with the EU average in the index of the digital economy and society, but still remains well below it. The strategic initiative Digital Slovenia 2020 notes that Slovenia has not yet fully exploited the development opportunities offered by information-communication technologies, causing it to lose its competitiveness in terms of several standards compared to other EU Member States. Advanced digital technologies allow changes in the existing and the creation of new business models, and the development of new products and services, and increase the efficiency and competitiveness of the economy. The digitisation of business processes can significantly improve their adaptability, and increase effectiveness, innovation and thus competitiveness in the new digital business and social environment. So far, Slovenia has not yet seized its digital potential. The Strategy points out that it is necessary for this purpose to create an enabling legislative and regulatory environment for the development of digital entrepreneurship and business in cyberspace. It is important that outdated legal solutions based on outdated assumptions do not impose unnecessary barriers to technological, economic and social development in general. Legislation, judicial and administrative practice and legal theory should provide legal certainty for users of information society technologies by providing clear answers about the legal consequences of different forms of behaviour in the new ICT environment. The research programme will contribute to the development of jurisprudence in this area. As hitherto, we will cooperate with business users in solving their legal problems arising out of the regulation of the information society, and organise targeted training for their employees. This will help transfer a part of the research programme results directly into business practice.
The Internet is becoming the central IT infrastructure, common to all segments of modern society, so each state intervention in the infrastructure or in the content and services provided through this infrastructure needs to be considered from the aspect of human rights and freedoms in a democratic society. The research programme will provide the relevant theoretical basis for further development of Slovenian legislation, judicial and administrative practice in managing the areas of information and communication technologies, and for the harmonisation of the legislation with the reformed European legal framework of the information society. Results of the programme will be directly useful for the national projects of e-justice and e-government, in the regulation of electronic communications and digital broadcasting, and in the activity of companies operating in the field of information technology, media, and the development of open source software. The results will contribute to achieving the objectives of the Digital Agenda and the Development Strategy of Digital Information Society Slovenia 2020.
Most important scientific results
Interim report
Most important socioeconomically and culturally relevant results
Interim report
