A look at e-commerce through the prism of constitutional and legal norms
Authors: Bysaha Yu. M. 
Published: November 2024

Within the scope of this scientific article, the legal aspects of electronic commerce are investigated through the prism of constitutional and legal norms in the conditions of rapid digitalization of the economy. It is noted that the development of information technologies significantly changes the conditions of doing business, expanding opportunities for entrepreneurs and simplifying access to markets. Electronic commerce requires not only new approaches to conducting business, but also legal support to protect the constitutional rights of market participants, in particular, the right to do business, protect consumer rights, privacy and data security.
The article examines the key aspects of legal regulation of e-commerce, among which special attention is paid to guarantees of personal data protection and digital security, which are becoming critical for conducting business in the conditions of cyber threats. Article 32 of the Constitution of Ukraine, which guarantees the right to privacy, also applies to e-commerce, where data processing and storage are an integral part of business processes. Accordingly, the state must provide legal protection mechanisms against unauthorized access to information and data leakage, which is critical for entrepreneurs and consumers in the digital environment.
The issue of regulatory predictability for entrepreneurs working in the digital sector is also considered. According to Article 42 of the Constitution, entrepreneurs have the right to freedom of business without excessive government interference, which requires stable and clear rules for the use of the latest technologies such as blockchain and artificial intelligence. The state should promote the creation of legal conditions for the development of digital business, ensuring legal stability and predictability, which is an important aspect for the development of an innovative economy.
Separately, the article emphasizes the importance of intellectual property protection in the digital environment. Article 41 of the Constitution of Ukraine guarantees ownership, which also applies to digital assets and intellectual property. In the context of e-commerce, this issue becomes especially relevant, as entrepreneurs create and use innovative products that require reliable protection against violations in the digital space. The implementation of effective mechanisms for the protection of intellectual property rights becomes a decisive factor for the development of startups and innovative companies using digital technologies.
It is summarized that constitutional norms, in particular the right to entrepreneurial activity, are the basis for the regulation of electronic commerce. Adaptation of legal mechanisms to the modern challenges of the digital economy is a key task for ensuring the effective functioning of digital business. The introduction of new legal guarantees, such as digital security and regulatory predictability, will contribute to the development of e-commerce and increase the level of protection of the rights of entrepreneurs and consumers in the digital world.
Therefore, the article emphasizes the need to update approaches to the legal regulation of e-commerce in order to ensure fair conditions for all market participants, as well as guarantee the stability, predictability and security of business activities in the conditions of digitalization.