联合国贸易发展委员会-太平洋小岛屿发展中国家网络法差距分析（英）-2025_101页_1mb

Executive Summary

This report provides a comprehensive analysis of cyberlaw gaps affecting Pacific Small Island Developing States (SIDS). While digital infrastructure and basic connectivity have improved, a fragmented and often technology-neutral legal framework hinders the full development of e-commerce and digital trade. No country has established a comprehensive legal framework to support a thriving digital economy, despite varying levels of progress in addressing e-transactions, cybercrime, data protection, intellectual property, and other key areas. The report identifies jurisdiction-specific challenges and calls for harmonized, regional efforts aligned with international standards to foster secure and inclusive digital growth.

Status of E-commerce and ICT Uptake

• Variable levels of Internet connectivity and device access across Pacific SIDS, with mobile broadband growth exceeding fixed broadband.
• Social media adoption rising, but limited digital literacy and inadequate payment systems constrain e-commerce growth.
• Some countries (e.g., Kiribati, Vanuatu) show increased e-commerce experimentation, but regulatory gaps and infrastructure limitations persist.
• Bilateral/regional trade agreements often lack robust e-commerce provisions, limiting market access.

Status of Cyberlaws

• Cross-border legal harmonization is lacking, creating a complex regulatory environment for digital trade.
• Key gaps include:
  • Data Protection: No comprehensive laws in most jurisdictions.
  • Cybercrime: Insufficient legislation or enforcement, despite some jurisdictions (e.g., Fiji, Palau) making progress.
  • Online Consumer Protection: Relies mostly on technology-neutral laws, leaving gaps in specific e-commerce provisions.
  • Intellectual Property: Generally technology-neutral; lacks targeted e-commerce updates.
  • Domain Name Governance: Sector-specific regulations dominate.
  • E-Transactions/E-Signatures: Few countries have adopted UNCITRAL-aligned legislation.
  • Online Dispute Resolution (ODR): No jurisdiction-specific ODR frameworks.
  • E-Payments/Digital ID: Early infrastructure improvements but missing legal frameworks for digital ID and robust payment systems.

Way Forward

• Adopt a long-term approach combining short-term capacity building and legal updates with long-term regulatory harmonization efforts.
• Strengthen alignment with international standards (e.g., UNCITRAL models, Budapest Convention).
• Encourage regional dialogue and collaboration to enhance cross-border digital trade.
• Prioritize cybersecurity measures to build trust and resilience.
• Steps should include revising consumer protection laws, introducing data privacy legislation, and mapping jurisdiction-specific ODR options.

Unaddressed gaps limit Pacific SIDS’ ability to fully engage in the global digital economy, yet many countries are showing commitment to reform. Enhanced regional and international partnerships—supported by organizations like UNCTAD, PACLII, and UMAG—could accelerate progress toward inclusive digital growth.