DIGITAL HUMAN RIGHTS IN THE DIGITAL ECONOMY: LEGAL AND ECONOMIC ASPECTS
##plugins.themes.bootstrap3.article.main##
##plugins.themes.bootstrap3.article.sidebar##
Abstract
This academic article examines the legal nature of digital rights. It has been established that human rights evolve and expand, and their scope and content broaden under the influence of various factors. While certain factors operate through an evolutionary process, the development of digital technologies contributes to significantly more tangible changes in the law as a whole and in human rights in particular. It has been established that digital rights possess a distinct economic nature, insofar as they ensure access to digital markets, the ability to engage in entrepreneurial activity, participation in digital services, and control over personal data, which serves as an object of commercialisation. In this context, rights such as the right to Internet access, protection of personal data, the right to be forgotten and freedom of economic activity in the digital environment are essential for the effective functioning of the digital economy. The study's methodology was founded on philosophical, general scientific and specialised approaches and methods of scientific enquiry. These methods were employed in accordance with the principles of scientific pluralism, enabling an approach to the consideration of digital human rights as an open, dynamic system evolving under the influence of digitalisation and the development of the digital economy. Applying a semiotic approach enabled digital rights to be examined as a new legal phenomenon through the lens of signs and symbols, emphasising the economic nature of digitalisation as a process that shapes new markets and digital assets. A systematic approach made it possible to study digital rights as part of a wider socio-economic system, identifying the connection between human rights and how digital markets operate. The dialectical method served as the basis for examining the interrelationship between the legal and economic aspects of digital human rights, enabling one to identify how these have evolved under the influence of technological progress, economic interests and social needs. The logical method makes it possible to structure the conceptual and categorical framework, refine the classification of digital rights and the economic aspects of their implementation, and formalise the argument regarding their autonomy or integration into modern legal systems. The historical method has made it possible to trace the genesis of digital human rights not only as a legal category but also as an economic phenomenon linked to the transition from an industrial to a digital economy. The aim of the present study is twofold: firstly, to determine the legal nature and essence of digital human rights in the context of the digital economy; and secondly, to reveal their economic significance as a factor ensuring a balance between the interests of the individual, the state, and business. The findings of this study facilitate a more profound scientific comprehension of digital human rights as an autonomous and evolving category of human rights that is emerging within the paradigm of the digital economy. The findings can be used to improve legislation and state policy, create effective mechanisms for the protection of personal data, develop responsible digital platforms and business models, and increase citizens' trust in the digital environment and their active participation in the digital economy. Conclusion. Sustainable development of digital human rights requires transitioning from formally enshrining rights to establishing comprehensive mechanisms where legal standards, institutions, technologies and economic incentives function as a unified system of safeguards. Transparent procedures for Internet access and privacy controls are key to this, as is striking a balance between freedom of information and economic interests. This increases trust in the digital environment, stimulates investment, and reduces economic uncertainty during the process of digital transformation.
How to Cite
##plugins.themes.bootstrap3.article.details##
digital human rights, digital economy, Internet access, personal data protection, right to be forgotten, digital privacy, economic value of information, digital governance, legal mechanisms, digital technologies
Belov, D.M., Peresh, I.E., & Pokorba, I. (2024). Digital Human Rights: Doctrinal Foundations. Electronic Scientific Journal “Analytical and Comparative Law”, no. 2, 110–115.
Bratasyuk, O.B. & Mekhtun, N.F. (2021). The Concept and Classification of Digital Rights in Ukraine. Legal Scientific Electronic Journal, no. 10, 58–61.
Davydovych, M.I., Mykytchyn, S.R., Korchuk, M.M., Dovhopolov, A.O. & Yaresko, R.A. (2023) Human Rights in the Age of Digitalization: Challenges and Prospects. Scientific Notes of the University of Business and Law. Economic Series. Legal Series, no. 36, 386–392.
Petryshyn, O.V. & Hilyaka, O.S. (2021). Human Rights in the Digital Age: Challenges, Threats, and Prospects. Bulletin of the Academy of Legal Sciences, no. 1, 15–23.
Povarchuk, N.S. (2025) Information Technology Law as a Component of the Digital Transformation of Modern Society: A Theoretical and Legal Study. Ph.D. dissertation, field of knowledge 08 “Law,” specialty 081 “Law.” Odessa, 245.
Razmetaeva, Yu.S. (2020). Digital Human Rights and the Problem of Extraterritoriality in Their Protection. Law and Public Administration, no. 4, 18–23.
Tverevskaya, K.S. (2024). Concepts, Types, and Significance of Digital Human Rights. Legal Scientific Electronic Journal, no. 6, 472–476.
Yavorska, O.S. (2024). Protection of personal data in the digital environment: the EU experience. Legal Scientific Electronic Journal, no. 9, 117–119.
Yanchuk, N.D., Prodanets, N.M. On the legal nature and essence of digital human rights. Legal Novels. 2024, no. 22, 36–44.
Benedek, W. (2025). International organizations and digital human rights. In B. Wagner, MC Kettemann, K. Vieth-Ditlmann & S. Montgomery (Eds.), Research Handbook on human rights and digital technology (pp. 310-324). Cheltenham: Edward Elgar Publishing. doi: 10.4337/9781035308514.00025
Brantly, A. (2022). Utopia lost – human rights in a digital world. Applied Cybersecurity & Internet Governance, 1 no. (1), 1-19. doi: 10.5604/01.3001.0016.1238.
Caccoli , J. (2017) The challenges of new technologies in the implementation of
human rights: Analysis of some critical issues in the digital era. Peace Human Rights Governance. no. 2 (1), 223-250.
Forde A. (2016) The Conceptual Relationship Between Privacy and Data Protection. Cambridge Law Review, No. 1, 135-149.
Jan van Dijk (2020). The digital divide. Cambridge, UK: Polity, no .2, 1-3.

This work is licensed under a Creative Commons Attribution 4.0 International License.