This work investigates the existence and the initial contours of a possible branch of digital public law applicable to cyberspace. It begins with an analysis of the new digitised public sphere and the constitutional challenges arising from the activities of major digital platforms — marked in particular by practices of surveillance, manipulation of personal data and the use of artificial intelligence systems — in a context of power asymmetry between users and big tech companies. It thus seeks to outline the foundational theoretical bases of a digital public law with its own distinctive features, taking as its reference the theory of European Digital Constitutionalism and the regulatory experience of the European Union, with particular emphasis on key instruments such as the General Data Protection Regulation (GDPR), the Artificial Intelligence Act (AI Act), the Digital Markets Act (DMA), the Digital Services Act (DSA) and the European Declaration on Digital Rights and Principles. The research identified nineteen specific principles, in addition to three general principles directed at the digital public sphere, thereby corroborating the existence of a digital public law domain. The study therefore contributes to deepening the theoretical and normative debate on the role of public law in the digital age, proposing a critical reflection on its protection in the face of ongoing technological and social transformations.
