From Standards and Codes to Sociotechnical Ecosystems

EU legislation under the Digital Single Market builds on earlier concepts of co- regulation but fundamentally reshapes them. Rather than focusing on technical standards and codes of conduct, it establishes regulatory ecosystems of private actors and public bodies interacting through dependencies and antagonisms, requiring a holistic perspective on effectiveness and proportionality. Co-regulation blurs public/private law boundaries and creates complex checks and balances. The article advocates a broader understanding of co-regulation by examining its factual and normative framework, current manifestations in the Digital Single Market, and conceptual implications.