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.

The podcast is based on the following article:

• Path Dependence and Network Effects of the GDPR, in: International Data Privacy Law, Vol. 16(2), 2026, pp 1-14 (with M. Kositwatanarerk).

This podcast explores the evolving legal and economic framework of data ownership, questioning whether current property rights adequately address the unique challenges of the digital economy. A governance crisis is identified where the United States faces "constitutional inversion" due to dominant tech platforms, while China operates under a system of state-driven digital arbitrariness. To resolve these issues, the podcast proposes a novel regulatory model inspired by the EURATOM treaty regarding nuclear materials. This alternative suggests that the public sector should hold residual control rights over data through an independent agency, granting companies usage rights while maintaining the power to enforce safety and competition. Ultimately, this approach aims to protect private autonomy and individual privacy by treating data as a distinct class of assets requiring a specialized institutional order.

The podcast is based on the following article:

• Datenökonomie – Zwischen ordnungspolitischer Inversion und staatlicher Willkür, in: Bechtold, S. and Spiecker, I. (eds.), Law, Behavior and Decision – Recht, Verhalten und Entscheidung: Festschrift für Christoph Engel, Baden-Baden: Nomos, 2026, pp. 481-495.

This whitepaper examines the integration of artificial intelligence into the daily lives of children and adolescents, focusing on its role in education, social media, and leisure activities. The authors highlight how AI can foster educational equity and individualized learning while simultaneously posing risks to the cognitive and emotional development of young users. Key concerns addressed include the vulnerability of minors to manipulation, algorithmic bias, and significant privacy risks associated with data collection. To mitigate these dangers, the text advocates for a multidisciplinary approach involving legal frameworks, age-appropriate design, and the promotion of AI literacy. Ultimately, the document and podcast characterize the responsible shaping of AI as a collective societal duty to protect children’s rights and autonomy in a digital world.

For the link of the publication of the article mentioned above, please click here.