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Hybrid Regimes: Power and Legitimacy in Global Governance Through Internet Privacy Regulation

This presentation by Ralf Bendrath from the University of Bremen examines the evolving landscape of internet privacy regulation within hybrid regimes. It explores various data protection regulations and frameworks, including Binding Corporate Rules and national laws, focusing on the interplay of power, authority, and legitimacy. The discussion addresses how these dynamic structures impact corporate compliance and governance, while also contemplating concepts of constitutionalization, voice, and governance in a polity. This analysis is crucial for understanding the implications of global data governance.

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Hybrid Regimes: Power and Legitimacy in Global Governance Through Internet Privacy Regulation

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  1. Slide 1 Hybrid Regimes, Power, and Legitimacy in Global GovernanceInsights from Internet Privacy RegulationRalf BendrathUniversity of BremenCollaborative Research Center “Transformations of the State”ralf.bendrath@sfb597.uni-bremen.dehttp://bendrath.blogspot.com

  2. Slide 3 Data Protection Regulation(a small selection) Binding Corporate Rules MSFT Software Guidelines GBDe recommendations TRUSTe Web Seal Safe Harbor Agreement EU Directive OECD Guidelines Council of Europe Convention National law National law National law National law

  3. Slide 4 Hybrid Data Protection Regulation Technical Standards Technical Enforcement TRUSTe Web Seal US DOT Company Safe Harbor Agreement Safe Harbor List FTC EU Commission & DP Commissioners EU Directive National law National law National law National law

  4. Slide 5 Power and Authority • EU as the core • you don‘t have to do trade with EU citizens‘ data • Corporations and BCRs • you don‘t have to buy MSFT products • Intermediaries • you don‘t have to subscribe to TRUSTe‘s service • Or do you?

  5. Slide 6 Constitutionalization? • exit, voice, loyalty (Albert O. Hirschman) • the less you can exit, the more you need voice • where do the voices join and become a polity? • which polity decides about conflicting values? • Aristotle • polity as rule by the many in the interests of the whole community • the ideal form of government somewhere between oligarchy and democracy • decentralized governance - central decisions?

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