PRAVO U USLOVIMA DIGITALNOG OKRUŽENJA

Abstract

In this paper, the author examines various aspects of the digital era, specifically the challenges it poses to traditional legal systems. In other words, the paper explores the functioning of new technologies within existing legal frameworks and the necessity for their continuous adaptation. The rapid development of modern technologies (such as blockchain, big data processing, and artificial intelligence - AI) presents contemporary law with a range of challenges, including moral, ethical, and security-related concerns. The digital age brings forth technological entities capable of independently and automatically making decisions, providing various services, or autonomously performing assigned tasks, often without or with minimal human oversight. In this context, issues such as legal subjectivity and liability for the use of new technologies represent only some of the pressing challenges facing modern legal systems. Moreover, a predominantly reactive rather than proactive legal regulation leaves considerable room for risk. Current technological capabilities, including their autonomy and the ability to influence individual behavior, necessitate consideration not only as objects of legal regulation but also from the perspective of lawmakers and their so-called 'normative power.' This paper adopts a general approach to analyze other legal challenges encountered in today’s digital environment, as well as potential regulatory approaches that could facilitate the governance of digital space based on fundamental legal values—legal certainty, ethics, and respect for human rights.