The emergence of digital identity as a new legal concept

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.