The Gap Analysis of Cyberlaws in Pacific Small Island Developing States was launched today in Suva, Fiji, at an event hosted in partnership with the Pacific Islands Forum Secretariat (PIFS). Developed by the United Nations Trade and Development (UNCTAD), the report provides the first comprehensive review of legal frameworks essential to enabling safe, inclusive, and trustworthy digital transformation in the Pacific.

As digital adoption accelerates across the region. To fully leverage the development opportunities from digitalisation, the report underlines the importance of comprehensive and harmonised legal systems—covering electronic transactions, data protection, cybersecurity, and consumer protection. The new UNCTAD report notes that various gaps in the region continue to undermine trust, limit user safeguards, and hinder the region’s participation in digital trade. It reviews cyberlaw frameworks across 15 Pacific jurisdictions including Timor-Leste, assessing over 11 key legal areas critical to e-commerce and digital development.

“This report comes at a time when digital transformation is growing fast across the Pacific,” said Torbjörn Fredriksson, Head of UNCTAD’s E-commerce and Digital Economy Branch. “In this context strengthening the legal readiness is essential. Without clear rules and protections, the region risks falling behind. This study offers a roadmap for action towards a more inclusive digital economy.”

The analysis presents a practical roadmap for reform to support the digital future of the Pacific, complementing the Pacific Regional E-commerce Strategy and Roadmap, led by PIFS, which identifies legal and regulatory reform as a regional priority—calling for harmonised frameworks to promote legal predictability, digital trust, and better consumer protection online.

“Cyberlaws are no longer a luxury for the Pacific. They are essential to building trust in our digital future. Stronger legal foundations will help us realise the vision of the 2050 Strategy for a safe, secure, and inclusive digital Blue Pacific.”  Mr Zarak Khan, Director of Programmes and Initiatives, PIFS
 

Key findings:
    •    Fragmented and incomplete legal frameworks
Most countries lack a comprehensive legal foundation for digital trade. Existing laws are often fragmented, outdated, or not clearly applicable to digital environments.
    •    Limited progress in data protection and consumer rights
Data privacy and online consumer protection remain among the most underdeveloped legal areas. No Pacific SIDS currently has a comprehensive data protection law in force.
    •    Cybercrime legislation is advancing
Many Pacific SIDS have adopted or are drafting cybercrime laws, often with international support. Tonga, notably, has acceded to the Budapest Convention on Cybercrime.
    •    Emerging but unregulated e-commerce
Informal e-commerce, including sales over social media platforms, is expanding but remains largely outside legal oversight, exposing both consumers and entrepreneurs to risk.
    •    Limited regional harmonisation
While common legal challenges exist, regional harmonisation remains limited, hampering the potential for cross-border digital trade and cooperation.

•    Several development partners are assisting various countries in the region and more coordination is needed to accelerate efforts in this field.

Despite these gaps, the report highlights several encouraging reform efforts. Timor-Leste has recently adopted legislation on electronic transactions and digital signatures based on international standards. Vanuatu and Samoa are among countries advancing new data protection and digital ID laws.

More than 150 representatives from government, the private sector, development agencies, and civil society attended the launch. The programme featured a high-level round table discussion with speakers from, international development organisations on the key findings of the study and cyberlaw developments in the Pacific.

This study was funded by the Government of Australia and developed under the framework of the Pacific Digital Economy Programme (PDEP) by UNCTAD. PDEP, a joint initiative of United Nations Capital Development Fund, United nations, Development Programme, and UNCTAD, is financially supported by the European Union and the Governments of Australia and New Zealand.