Retos y oportunidades jurídicas ante la digitalización

Abstract

We have moved from the classic society, physical, offline, to the digital society, data, online, which is constantly deepening and involves challenges and opportunities for all: citizens, businesses, governments, civil society, academia, among other examples. This change is often referred to as the Digital Revolution or the 4.0 Revolution, which is based on telecommunications, was leveraged by the convergence of technology, the Internet and electronic platforms; and finally, together with the great technological advances -such as Big Data, cloud storage, Internet of Things, Artificial Intelligence and Blockchain, generated what is called the digital transformation, with great economic and social impacts. In this sense, this research began by referring to the various challenges and opportunities that digitization brings. Then it was analyzed about the telecommunications networks and the new regulatory paradigms that are presented. The legal bases and institutional design are very important in the face of this new reality, so reference is made to the examples of Spain and Uruguay. The radio-electric spectrum is a fundamental element for the deployment and development of telecommunications services, and therefore this subject is also discussed in depth, with emphasis on Spain and Uruguay. Various digital services and applications are provided over the telecommunications networks, which generate what is known as the digital economy. In this new economy, new digital markets are developing and countries have responded in various ways with regulation. All of this, in addition to having economic impacts, also had social consequences, mainly on people's human rights. Since the area of research has global impact and focused mainly on Spain and Uruguay, the studies were carried out mainly at the University of Granada, Spain, Cornell University, USA, and the University of Montevideo, Uruguay. In view of the above said and of the great changes that have been and continue to be generated, it is increasingly important that legal systems be reviewed in order to adapt to new needs. We must leave without effect that which no longer reflects reality, adjust or modernize that which requires it, and finally dictate those rules that are necessary. Likewise, taking into account the speed with which this new reality is deepening, having flexibility and adapting, as well as attending to the fundamental principles, defending the consumer and promoting competition, are presented as the fundamental bases on which to work. More than ever, the constant dialogue between the different actors in the sector, the collaboration, as well as generating predictability, security and promoting innovation, attending to the function and not the medium, is fundamental for the satisfactory development and for attracting essential investments for the constant growth of the digital ecosystem. Resources will generally be scarce; the essential thing is to prioritize based on the public policies that are defined, as well as to promote innovation, research and development, sharing knowledge.