Sören Segger-Piening
Grundstrukturen des Kollisionsrechts der Digitalisierung am Beispiel von DSGVO, Data Act, DSA, DMA und KI-VO
„Europe Rules the Waves?“
Section: Online First Articles
pp. 1-64
(64)
Published 29.05.2026
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Summary
The Private International Law Dimensions of Digitalization. »Europe Rules the Waves?« The private international law of the digital single market is characterized by unilateral scope rules. This article analyses multiple pieces of legislation from the perspective of both private and public international law. In terms of substantive law, there is a substantive duality between private law and public law. With regard to connecting factors and principles, the mar-ket location principle dominates, but there are considerable differences in the details of each piece of legislation, particularly between the GDPR, the Data Act, and the AI Regulation on the one hand and the DSA and the DMA on the other hand. From the perspective of public interna tional law the goal of a global regulation can be identified, even though the hoped-for »Brussels effect« may have the opposite impact. While the scope rules do have an impact in private international law, they hardly fit into the existing system; recognized goals such as decisional harmony and party autonomy are not being achieved. De lege ferenda, there are options for achieving justice under private international law while also attaining global applicability.