The Constitutional Protection Framework Regarding the Emerging Evolution of the Provision of Digital Technologies or Services to the Consumer

Abstract

The research subjected to a broad analysis the constitutional, legal and administrative guarantees of contractual relationships regarding the new economic trends of providing new digital technologies, content and services to consumers by professionals. From the perspective of constitutional law, a new concept of “digital constitutionalism” is currently being promoted, through which the legal and administrative framework is given a critical importance regarding the establishment of clear normative rules regarding the protection of the confidentiality of data, including personal data, in order to avoid online infringement of consumer rights, but with continuous access to new digital technologies, including digital content of goods and services. The infringement of these constitutional and legal aspirations makes it impossible to guarantee the constitutional framework for the protection of human rights in a state of law of a modern digitalized society. Avoiding constitutional litigation in the Republic of Moldova is possible through multi-aspect studies, including the application of the comparative study method, related to specific cases from other states in which constitutional justice has faced factual and legal circumstances regarding the constitutional guarantees that are necessary to accompany new digital technologies. Modern digitalization sets new tasks for the Government and public authorities of the Republic of Moldova regarding the adaptation of public services to the constantly evolving technological landscape and to the requirements of the modern business environment for the efficiency and responsiveness of services. The achievement of these tasks establishes the key strategies necessary for this purpose, which we have exposed in this research. The study conducted led us to the conclusion that the achievement of these tasks is possible by reviewing and updating the regulatory framework to support the modern digital transformation of the economy in the Republic of Moldova. JEL: H83, O38, L86, O33, K23, M15