Legal Mechanisms for the Protection of State Digital Sovereignty: a Comparative Legal Aspect

Abstract

The rapid development of digital technologies, which has become a distinctive feature of modernity, determines the vectors of the evolution of public relations and modifications of their regulators, among which both technology and law are critical. Transport, economy, manufacturing, energy, agriculture, education, healthcare, and finance are just some of the areas that, being keys for the development of modern society and the state, are subject to digital transformation. The large-scale penetration of digital technologies into the jus publicum environment is mainly owing to the effectiveness of the tools available to achieve the goals set. Digitalization tools, such as big data, machine learning, neural networks, artificial intelligence, virtual reality, the Internet of Things, and robotics, make it possible to achieve automation, such that the current state of the market is confidently predicted at the particular moment of receiving, processing, and analyzing the data. This allows a swift determination of the most effective behavior model and maximizes profits, especially in the business environment. Digital technologies are thus becoming the basis for supporting competitiveness today, not only for the business community, but more importantly, the state. However, the problem is that the digitalization of public relations covered by jus publicum and statehood today is based on solutions and algorithms that are developed and put into practice by private companies and involve the construction of service-oriented relationship architectures that exclude the independence (integrity, completeness) of the digital products (goods, services). Consequently, the risks of losing the independence and supremacy of state power increase significantly; hence, the need to find alternatives. This article is devoted to the analysis of legal mechanisms for the protection of (digital) sovereignty in a comparative legal aspect.