Skaitmeninių žmogaus teisių apsaugos teisinio reguliavimo transformacija: jo įgyvendinimo ypatumai lyginamuoju aspektu
Item type:Publikacija, research article[2026][S1b][S001][21]International Review of Law, Computers & Technology, 2026, vol. 00, no. 00, p. 1-21The article addresses a legal uncertainty in digital-rights regulation: whether the European Union’s due-diligence model can provide legally transferable indicators for the protection of digital human rights beyond the EU, without being treated as a fully exportable global code. The methodology combines comparative doctrinal analysis, institutional analysis and limited conceptual modelling. The comparison covers the European Union, the United States and China because these jurisdictions represent the most influential contemporary regulatory poles in the governance of platforms, data and artificial intelligence: a rights-based duediligence model, a market- and speech-centred model with strong intermediary protections, and a sovereignty-centred model of administrative control. The sources analysed include primary legal instruments, selected case law, enforcement decisions and specialised scholarly literature. The article identifies five transferable legal indicators: clear rights anchoring, legally defined platform and AI-system duties, risk-based transparency and auditability, independent institutional oversight, and accessible remedies. The findings show that the EU model is the most developed prototype for such indicators, particularly through the GDPR, the Digital Services Act, the Digital Markets Act and the Artificial Intelligence Act.
Item type:Publikacija, research article[2025][S1b][S001][14]Social and legal studios, 2025, vol. vol. 8, no. iss. 2, p. 248-261The growing influence of digital technologies and the internet on legal systems has raised the urgent need to clearly distinguish between traditional and digital human rights. The purpose of this study was to define theoretical criteria for differentiating these rights within the framework of international legal analysis. The research was based on methods of legal analysis, comparative methodology, and content analysis of scholarly literature, international documents and national legal acts. The study examined the evolution of human rights in the digital age and analysed legal gaps in international and national frameworks. It was found that digital rights differ from traditional rights due to their technological dependence, dynamic content, and the multi-stakeholder structure of legal relations. Key features such as the context of emergence, subject composition, regulatory mechanisms, and objects of protection were identified as criteria for differentiation. It was also revealed that most digital rights emerge from private-law relations and involve actors beyond the state, including transnational corporations and algorithmic systems. The research concluded that current legal doctrine lacks a unified standard for digital rights and that the distinction between digital and traditional rights requires a systematic theoretical basis. It was generalised that new legal standards must be developed to adequately address threats to digital rights, especially in the context of AI, data privacy, and content regulation. The findings of this study can be applied by international organisations, national lawmakers, human rights defenders and academic researchers in the development of coherent and adaptive legal policies for safeguarding rights in digital environments.
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