THE EMERGENCE OF DIGITAL IDENTITY AS A NEW LEGAL CONCEPT

Authors

  • Jelena Stojsic Dabetic University Business Academy in Novi Sad, Faculty of Law for Commerce and Judiciary in Novi Sad, Novi Sad, Serbia https://orcid.org/0000-0002-3229-837X
  • Predrag Mirković University Business Academy in Novi Sad, Faculty of Law for Commerce and Judiciary in Novi Sad, Novi Sad, Serbia https://orcid.org/0000-0003-2323-040X
  • Nina Aleksić Oliveira University Business Academy in Novi Sad, Faculty of Law for Commerce and Judiciary in Novi Sad, Novi Sad, Serbia

DOI:

https://doi.org/10.5937/ptp2503021M

Keywords:

digital identity, transactional identity, personal data, legal transactions, registered identity, digital citizenship

Abstract

With the development of modern digital society, the degree of interaction among subjects taking place in the digital space is increasing. This interaction is based on the use of personal data between subjects for the purpose of confirming and verifying their identity. The issue of applying personal identity in the digital space has created the reality of the de facto existence of digital identity as a new form of personal identification. Digital identity is an identity composed of information stored and transmitted in digital form. Therefore, the question arises as to how the new concept of personal identity, as digital identity, can be encompassed by legal rules in order to enable transactions. The authors argue that digital technology calls for a new philosophy of identity. They further argue that digital identity necessarily requires a redefinition of the traditional legal framework. In the following discussion, the paper will examine who may be treated as a legal subject in transactions conducted through digital identity. It will also consider how legal presumptions may change to include new realities, and, most importantly, it will present the legal treatment of the technical structure that constitutes digital identity.

References

Balani, H. (2024). Securing the Future of the EU Digital Identity Wallet: Why we need Corporate Digital Identity standards now. Downloaded 2024, July 30 from https://ssrn.com/abstract=4910859. DOI: http://dx.doi.org/10.2139/ssrn.4910859

Beduschi, A. (2019). Digital identity: Contemporary challenges for data protection, privacy and non-discrimination rights. Big Data & Society, pp.1-6. DOI: 10.1177/2053951719855091

Bwana, R. O. (2024). Kenya’s Digital Identity Revolution: Balancing Progress and Human Rights. Global Privacy Law Review, 5(2), pp. 82–87

Dash, B. & Sharma, P. (2021). Digital Identity and Authentication in the Blockchain Era. Downloaded 2021, January 28 from https://ssrn.com/abstract=4567733. DOI: http://dx.doi.org/10.2139/ssrn.4567733

Finck, M. (2018). Blockchains and Data Protection in the European Union. European Data Protection Law Review, 4(1), pp. 17–35

Gstrein, O. J., & Kochenov, D. (2020). Digital Identity and Distributed Ledger Technology: Paving the Way to a Neo-Feudal Brave New World?, Frontiers in Blockchain, 3(10), pp. 1–8, DOI: doi.org/10.3389/fbloc.2020.00010

Goodell, G., & Aste, T. (2019). A Decentralised Digital Identity Architecture, Frontiers in Blockchain. Downloaded 2025, January 15 from https://ssrn.com/abstract=3342238, DOI: doi:10.3389/fbloc.2019.00017

Immorlica, N., Jackson, M., & Weyl, E. (2019). Verifying Identity as a Social Intersection, SSRN Electronic Journal. Downloaded 2025, January 15 from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3375436. DOI: http://dx.doi.org/10.2139/ssrn.3375436

Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive1999/93/EC – e-IDAS

Sullivan, C. (2009). Digital Identity - The Legal Person?, Computer Law & Security Review, 25(3), pp. 227–236. DOI: https://doi.org/10.1016/j.clsr.2009.03.009

Sullivan, C. (2013). Is Your Digital Identity Property? An Examination of Digital Identity in the Era of e-Government and Digital Citizenship, European Property Law Journal, 2(2), pp. 122–143. DOI: 10.1515/eplj-2013-0010

Sullivan, C. (2014). Digital citizenship and the Right to Digital Identity under International Law. In: Kierkegaard, S. (ed.), Information Ethics and Security – Future of International World Time (pp. 72–84). Paris: International Association of IT Lawyers. Downloaded 2025, January 15 from https://ssrn.com/abstract=2519806

Sullivan, C., & Stalla-Bourdillon, S. (2015). Digital Identity and French Personality Rights – A Way Forward in Recognizing and Protecting an Individual’s Rights in His/Her Digital Identity. Computer Law & Security Review. Downloaded 2025, January 15 from https://ssrn.com/abstract=2584427

Wang, F., & De Filippi, P. (2020). Self-Sovereign Identity in a Globalized World: Credentials-Based Identity Systems as a Driver for Economic Inclusion, Self-Sovereign Identity in a Globalized World: Credentials - Based Identity Systems as a Driver for Economic Inclusion. Frontiers in Blockchain, Special Issue on Identity and Privacy Governance. Downloaded 2025, January 15 from https://ssrn.com/abstract=3524367

Zwitter, A., Gstrein, O., & Yap, E. (2020). Digital Identity and the Blockchain: Universal Identity Management and the Concept of the „SelfSovereign“ Individual. Frontiers in Blockchain, 3(26), pp. 1–14. DOI: https://doi.org/10.3389/fbloc.2020.00026

Downloads

Published

2025-10-12

How to Cite

Stojsic Dabetic, J., Mirković, P., & Aleksić Oliveira , N. (2025). THE EMERGENCE OF DIGITAL IDENTITY AS A NEW LEGAL CONCEPT. Pravo - Teorija I Praksa, 42(3), 21–34. https://doi.org/10.5937/ptp2503021M

Most read articles by the same author(s)

1 2 > >>