How the GDPR became the global privacy rulebook

Path Dependence and Network Effects of the GDPR

This article analyzes the global dominance of the General Data Protection Regulation (GDPR) through the theoretical lenses of path dependence and network effects. The authors describe how historical decisions created a self-reinforcing legal trajectory, leading to a "lock-in" phase where the EU standard prevails as the primary global framework. They identify four specific legal mechanisms—adequacy decisions, standard contractual clauses, binding corporate rules, and extraterritorial application—that incentivize third countries and international corporations to adopt European standards. By examining the evolution from early fragmentation to current unification, the text explains why shifting away from the GDPR is increasingly difficult for global actors. Ultimately, the researchers suggest that the EU must simplify the regulation to maintain its leading position and ensure the network remains attractive to new members.

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What is Digital Governance?

This podcast series is dedicated to digital governance. Digital governance is broadly understood as the legal and institutional rules which provide the framework in which digitalization unfolds. The podcasts will be centered around the research done by our DIGOV fellows. We will publish a series of podcasts, which are made using the AI tool Notebook LM. Each podcast will discuss a different article or book chapter, all within the broad framework of digital governance.

The podcast series starts with fundamental reflections about responsibility of AI agents. Who is liable when AI is involved in an accident? Can history help us to better understand how AI regulations should be employed? Or, what can moral philosophy tell law? Moreover, a podcast about science communication is presented, which addresses the question of how digital media impacts the communication of scientists.