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Gap analysis of cyberlaws in Pacific Small Island Developing States

Digital transformation is picking up pace in the Pacific, with technological advancements set to revolutionize onshore and offshore activities. The rise in connectivity, growing use of Information and Communication Technologies (ICT), and new digital innovations —some yet to reach the Pacific islands— are poised to unlock major economic opportunities, fuel rapid economic growth and create new jobs across the region.

However, realizing the full potential of e-commerce in Pacific Small Islands Developing States (SIDS), requires overcoming significant policy and legal challenges. To truly capture these “digital dividends”, it is essential to create a supportive environment for the digital economy. This requires establishing comprehensive legal and regulatory frameworks that facilitate online transactions, ensure e-commerce security, and support the development of robust payment and transactional systems.

This Gap Analysis of Cyberlaws in the Pacific Small Island Developing State provides a timely analysis of the legislative developments in Pacific SIDS. It highlights significant gaps in cyberlaws across the region and reveals that no country has yet fully established comprehensive legal frameworks to support a thriving digital economy. Although some progress has been made, the absence of robust legislation continues to expose businesses and consumers to risks such as fraud, inadequate consumer protection and cybersecurity threats. These gaps not only hinder the growth of the digital economy but undermine the region’s ability to fully engage in global online trade. However, the study shows that many countries are increasingly recognizing the weaknesses in their legal frameworks and are prioritizing reforms. Several countries are actively working toward adopting international and regional legal instruments, signalling a commitment to building stronger, more resilient digital economies.

By shedding light on these issues, this study serves as a vital resource for governments, stakeholders, and development partners, providing a roadmap to enhance legal structures and unlock new opportunities for sustainable digital growth in the Pacific. It calls for better coordination among development partners which is essential to ensure that assistance is effectively channelled towards building the necessary legal infrastructure and supporting the broader goals of digital transformation across the region.

This study is part of the Pacific Digital Economy Programme, a joint effort with the United Nations Capital Development Fund and the United Nations Development Programme. 

This initiative builds on long-standing assistance from UNCTAD to the Pacific Island Forum Secretariat and its members in support of the development of e-commerce, especially in the conduct of eTrade Readiness Assessments and E-commerce Strategies in the region.