Legal Framework`s Adaptability to Digital Business Models
In contrast, digital business models are software-driven. Access to more detailed data, combined with advanced analytics capabilities, allows digital businesses to more accurately quantify the benefits their solutions deliver to customers. It can also help accelerate the development of new products and services. Digital tools and platforms can facilitate and accelerate the energy transition by enabling efficiency and flexibility on the demand side. At the same time, digitalisation is creating new business opportunities and revenue streams for energy service providers, helping consumers better understand their energy consumption and reduce their bills. 23. Low, K., & Mik, E. (2020). Pause the legal blockchain revolution.
International and Comparative Law Quarterly, 69(1), 135-175. doi.org/10.1017/S0020589319000502 The progressive development of the digital economy is not possible without the development and adoption of fundamentally new legal structures with a long-term commitment. In particular, the legal personality of technologies, copyright and ancillary copyrights, machine liability and insurance need to be fundamentally reviewed. The growing interest of venture capitalists and large companies in digital energy innovators shows how high growth expectations are in this sector. But these companies desperately need governments and regulators to create the right framework conditions that can help them grow. At the same time, consumers need rules that protect them from abusive commercial practices, ensure transparency and ensure that all personal data shared with digital companies is used and protected appropriately. 18. Konert, A., Smereka, J., & Szarpak, L. (2019).
The use of drones in emergency medicine: practical and legal aspects. Emergency Medicine International, 2019, article 3589792 doi.org/10.1155/2019/3589792 The impetus for this drafting of financial law came from the European Commission, which developed 30 recommendations for legal development in the context of digitalisation. He stressed the importance of adapting existing regulations to the introduction of new technologies and called for overcoming the fragmentation of FinTech legislation and ensuring a level playing field for technology companies. Specific recommendations included: the importance of keeping personal and anonymized data, ensuring open systems and respecting ethics in the use of digital technologies. Energy as a Service (EaaS) systems in buildings have attracted the majority of early-stage risky investments into new business models. For EaaS models, customers pay a subscription fee in exchange for a package of energy services. Unlike traditional energy-saving contracts, upfront costs – such as installing “smart” monitoring and control equipment – as well as ownership and maintenance risks are borne by service providers, not end users. More and more commercial and industrial customers are opting for pay-for-performance contracts with EaaS companies to renovate their premises. Under these agreements, they pay a contractually agreed tariff based on energy savings demonstrated, for example, by smart meters. This approach is in line with the efforts of national regulatory authorities to introduce more ambitious energy efficiency requirements and incentivises entrepreneurs to enter the market with new and more flexible business approaches that better meet the needs of end-users. The digital economy raises a question for the law on how to protect the products of intellectual activity and fully respect the interests of creators, users and investors. Three possible models related to the protection of intellectual products are considered by academics and in practice: With the rapid development of the digital economy, it is necessary to create consistent, comprehensive and comprehensive legal safeguards, including reliable safeguards for legal protection that regulates the use of digital technologies in order to minimise the risks of digitalisation and legitimize new assets.
both tangible and intangible. International organizations and states are actively developing strategies to adapt laws on the use of modern digital technologies. The main problems, however, are that, on the one hand, the proposed strategies are sectoral and deal only with certain aspects of digitalisation, and on the other hand, the solutions often aim to pursue a political agenda at the expense of a coherent and forward-looking global legal strategy. Basically, two main approaches for the future of law in the context of digitalization can be identified. The first is the utilitarian approach, which focuses on solving strictly defined functional tasks (financial intelligence, approval of technical regulations, etc.) that serve the interests of States and specific international organizations. The second is the methodological approach, which would allow for global and global solutions. Without denying the importance of this work, there is a need for a more coherent and systematic approach to the development of digital law by addressing two fundamental questions: (1) Can traditional legal constructions be adapted to the digital economy or are innovative laws needed? (2) How to design a model for the universalization of transnational technologies? Charging as a service for electric vehicles, for example, includes offerings ranging from infrastructure installation to efficiency monitoring and maintenance for a subscription fee. ENGIE in Latin America offers corporate customers such a smart charging plan, which can reduce their infrastructure and energy costs by around 40%. EaaS models rely on internet-connected smartphones and display devices as platforms where customers can actively track their energy performance and financial situation. It is also important to consider the autonomy of digital objects. Human dependence on technology will determine its capacity as a criminal device.
It is important to mention a number of aspects applied with regard to legal transformation in the digital environment. In particular, AI application issues need to be addressed. It is difficult to identify who is responsible for digital device failures. Experts discuss at length the responsibility of IBM`s “Watson for Oncology” artificial intelligence (AI) system in South Korea and its legal identity, arguing that Watson`s creator and responsible medical staff should be held accountable. Early stage venture capital investments in energy efficiency start-ups and demand-side flexibility with new or innovative business models are increasing. In 2020, they amounted to about 900 million. USD (excluding outliers of $150 million in a single transaction), an increase of 20% compared to 2019 and three times the financing volume in 2016. The preliminary analysis for the first half of 2021 shows that the level of investment remained stable compared to the previous year. Because digital businesses and their customers rely on connected devices and technologies, they are inherently more vulnerable to potential cyberattacks. Governments, in collaboration with relevant stakeholders, can ensure that the entire energy value chain is cyber resilient, whether through regulatory frameworks, best practice guidelines, international certifications or other similar mechanisms.