Masaryk University Journal of Law and Technology
https://journals.muni.cz/mujlt
<span>Masaryk University Journal of Law and Technology (ISSN on-line 1802-5951, ISSN printed 1802-5943) is a peer-reviewed academic journal which publishes original articles in the field of information and communication technology law. All submissions should deal with phenomena related to law in modern technologies (e.g. privacy and data protection, intellectual property, biotechnologies, cyber security and cyber warfare, energy law). We prefer submissions dealing with contemporary issues.</span>
Masarykova univerzita
en-US
Masaryk University Journal of Law and Technology
1802-5943
-
Regulating the Emerging Mobile Money Services and National Digital Currencies in Nigeria and South-Africa
https://journals.muni.cz/mujlt/article/view/40380
<p>The evolution of digital financial platforms and other species of ‘internet banking’, has enabled new opportunities for greater participation of people, particularly the masses, in the official payment arrangements in Nigeria and South Africa. Smart-technology-enabled- financial market has resulted in financial inclusivity by affording the poor the leverage to transact in the money market and sundry economic activities previously seen as a preserve of the elite. The emergence of internet financial solutions constitutes part of an amazing circle in the evolving financial technology (fintech) which has birthed the recognition of digital currencies in most countries. This paper adopts the doctrinal method of legal research in evaluating the attempts to bureaucratically govern internet financial platforms and their products by legislation and regulatory mechanisms in Nigeria, South Africa and other African countries like Zimbabwe, particularly the proposed introduction of National (Central Bank) Digital Currencies. Leveraging the African Union (AU)’s economic blueprint of promoting trade synergy amongst member states, also known as Agenda 2063. This paper advocates for synergy while making a case for a robust statutory framework to sustain fintech operations in Nigeria and South Africa, which in turn would drive the African regional economic integration through the evolving cashless policy design.</p>
Ugochukwu Ehirim
Copyright © 2026 Masaryk University Journal of Law and Technology
2026-06-30
2026-06-30
20 1
3
31
10.5817/MUJLT2026-40380
-
The Evolution of Digital Diplomacy: The Impact of Technological Advancements on Diplomatic Practice
https://journals.muni.cz/mujlt/article/view/40703
<p>Over the centuries, dizzying technological developments have brought about radical changes in diplomacy. As a result, the role ofnon-state actors has been strengthened in the postmodern era, significantly impacting the traditional state-centered diplomatic model. Various forms of diplomacy have emerged as key instruments of soft power, including digital diplomacy. The latter has become an essential element for achieving states’ foreign policy goals and involving non-state actors in international relations. To understand the growing importance of digital diplomacy, this research article examines its historical evolution and potential, which are the main goals of the paper. Qualitative methods, specifically document analysis and case studies, were applied to conduct the research. The research results indicate that digital diplomacy emerged from continuous technological advancements, which have fundamentally transformed diplomacy by improving communication among state actors, increasing negotiation efficiency, facilitating the targeting of global audiences, and enabling non-state actors to engage in solving global challenges. The article’s conclusions enhance knowledge about the evolution of digital diplomacy, thus revealing its potential for all the subjects ofinternational law.</p>
Viona Rashica
Copyright © 2026 Masaryk University Journal of Law and Technology
2026-06-30
2026-06-30
20 1
33
57
10.5817/MUJLT2026-40703
-
Legal and Regulatory Compliance Challenges for Equity Token Secondary Market Operators in the European Union
https://journals.muni.cz/mujlt/article/view/40800
<p style="font-weight: 400;">As equity tokenization using blockchain-based distributed ledgers and tokens is trying to gain traction in multiple jurisdictions, the need for compliant, reliable and scalable secondary markets has become urgent. Forming a vital component of the overall venture financing value chain exchanges and other secondary market trading facilities are necessary to provide adequate levels of liquidity, investor confidence and market access to make the tokenization value proposition viable. In contrast to cryptocurrencies and utility tokens used for Initial Coin Offering (ICO) fundraising equity tokens are classified legally in the European Union broadly as financial instruments and specifically as securities invoking extensive compliance requirements not only for the issuer of the equity token and/or primary market issuance platform, but in particular for secondary market operators. The objective of this article is to identify key legal and compliance challenges impacting operation of these secondary markets and their ability to support a viable tokenization value chain. While research questions are analyzed from a European Union-level perspective, specific examples from the jurisdictions of Luxembourg, Germany, Liechtenstein, Estonia and Poland are investigated in order to identify root causes of deficiencies and potential observations and recommendations for future European developments in this highly competitive and globalized industry. Quantitative overview of key relevant market players is also attempted with the objective of substantiation of qualitative observations and conclusions.</p>
Jan Wittlin
Copyright © 2025 Masaryk University Journal of Law and Technology
2026-06-30
2026-06-30
20 1
59
85
10.5817/MUJLT2025-40800
-
Another View on Article 22 GDPR: The Future of Automated Decision-Making
https://journals.muni.cz/mujlt/article/view/41367
<p>Artificial intelligence (AI) increasingly underpins automated decision-making (ADM) in high-stakes contexts such as credit scoring, workforce management, and public service allocation, raising acute concerns about transparency, accountability, and the limits of algorithmic secrecy. This paper examines how Article 22 GDPR should be understood following the Court of Justice of the European Union’s SCHUFA ruling, which resolved the prior doctrinal debate by confirming that Article 22(1) operates as a prohibition in principle, qualified by exceptions under Article 22(2) and safeguards under Article 22(3). Through doctrinal analysis of SCHUFA alongside EU national court and data protection authority decisions spanning multiple sectors, including Uber/Ola, Deliveroo/Foodinho, Buona Scuola, AMAS, Caixabank, and Grindr, the paper delineates operational criteria for when ADM is solely automated, when it reaches the significant effects threshold, and what meaningful information must substantively provide. The analysis demonstrates that intermediate algorithmic outputs can constitute ADM where they materially shape subsequent outcomes, and that nominal human review fails to satisfy Article 22 where it amounts to rubber-stamping without interpretive criteria or authority to deviate. The paper further develops a cumulative ADM doctrine: sequential or continuous automated steps may collectively trigger Article 22 where they produce aggregate effects on livelihood, credit, services, or public benefits. A key doctrinal contribution is the distinction between transactional non-selection, which does not cross the significance threshold, and positional assessment, where algorithmic flagging, downranking, or sanctioning alters an individual’s standing within a system and determines future access to opportunities. The paper concludes that explainable AI is a legally necessary instrument for making disclosures contestation-enabling under Article 22(3), but is insufficient without institutional safeguards, including genuine human oversight, rights to challenge, data protection impact assessments, and coordination with the AI Act’s risk-based framework.</p>
Nimrod Mike
Copyright © 2026 Masaryk University Journal of Law and Technology
2026-06-30
2026-06-30
20 1
87
118
10.5817/MUJLT2026-41367
-
Embedding a Harmonised EU Identity System into a Mature National E-State: An Estonian Case Study
https://journals.muni.cz/mujlt/article/view/42766
<p>The implementation of the European Digital Identity (EUDI) Wallet is among the EU’s most ambitious cross-border digital identity initiatives undertaken within the EU. Estonia, a country often regarded as a digital frontrunner, received an EUDI Wallet Minimum Viable Product (MVP) from the private Estonian company, Cybernetica, in June 2024, enabling credential issuance independent of physical ID cards, selective disclosure supported by privacy-preserving cryptography, and a modular design aligned with the EU Architecture and Reference Framework (ARF). While Estonia’s existing identity and interoperability infrastructure provides strong continuity in trust, assurance, and security, the transition produces frictions centred on the redistribution of control, data minimisation and presentation, portability, and cross-border interoperability. The analysis therefore indicates that the principal challenge is not establishing baseline legal compliance, but aligning governance, supervision, liability, and recovery support with a wallet-mediated transaction chain during a period of channel coexistence.</p>
Yuliia Kravchenko
Thomas Hoffmann
Eric Blake Jackson
Copyright © 2026 Masaryk University Journal of Law and Technology
2026-06-30
2026-06-30
20 1
119
142
10.5817/MUJLT2026-42766
-
Overcoming Technology’s Myths – A Review of Law and Technology: A Methodical Approach
https://journals.muni.cz/mujlt/article/view/44540
Katarzyna Katana
Copyright © 2026 Masaryk University Journal of Law and Technology
2026-06-30
2026-06-30
20 1
145
152
10.5817/MUJLT2026-44540