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Hybrid Regimes, Power, and Legitimacy in Global
GovernanceInsights from Internet Privacy
RegulationRalf BendrathUniversity of
BremenCollaborative Research Center
Transformations of the Stateralf.bendrath_at_sfb5
97.uni-bremen.dehttp//bendrath.blogspot.com
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data protection regulation over time

• 1970s
• mainframes nation-states
• 1980s
• international data flows internationalization
• 1990s
• transnational corporations supranationalization
• 2000s
• global governance hybridization

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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
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Hybrid Data Protection Regulation
Technical Standards
Technical Enforcement
TRUSTe Web Seal
Company
US DOT
Safe Harbor Agreement
Safe Harbor List
FTC
EU Commission DP Commissioners
EU Directive
National law
National law
National law
National law
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Power and Authority

• EU as the core
• you dont have to do trade with EU citizens data
• Corporations and BCRs
• you dont have to buy MSFT products
• Intermediaries
• you dont have to subscribe to TRUSTes service
• Or do you?

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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?