Regulatory Competition in Data Law
摘要
Digital transformation is reshaping societies around the world, underpinned by the proliferation of information technologies. At the heart of this transformation is data, often referred to as the “new oil”, which drives innovation, productivity and economic growth. However, realising the full potential of data requires a robust legal framework to govern its creation, processing and exchange. Recognising the critical role of law in unlocking the value of data, legislators around the world are creating legal foundations for its protection and use. This burgeoning field, known as data law, is witnessing the emergence of diverse governance regimes governing data access, localisation and transfer. As such, global and comparative data law is poised to become a discipline in its own right, shaping the competitive landscape of economies and societies. This paper explores the concept of regulatory competition in data law, analogous to similar developments in established legal domains such as corporate law. Unlike traditional sectors, the digital realm introduces a unique dynamic where technology-driven regulatory regimes intersect with state law. Drawing on insights from Lawrence Lessig's “code is law” thesis, this paper examines whether digital regulatory regimes compete independently or operate within broader legal frameworks. Through a three-step analysis, it navigates the complex interplay between regulatory competition and data law. It first outlines the general discourse on regulatory competition, and then examines its nuances in the digital context. Finally, it offers preliminary insights into the competitive dynamics within data law, highlighting its diverse institutional characteristics across subdomains.