Smart Regulation anthology

The proceedings of the Symposium 2020 have been published in print and open access editions.

This anthology brings together contributions produced for the symposium “Smart Regulation: Contract, Enterprise and Market” held on October 2, 2020 at the University of Graz, and has been published by Mohr Siebeck.

The book, edited by Prof. Patrick C. Leyens, Prof. Iris Eisenberger and Prof. Rainer Niemann, is divided into four thematic parts: Digitalization as a Challenge for Consumer Protection, Publicity as a Guide for Social Entrepreneurship, Automated Decision Making between Market and Regulation, and Standard Formation and Enforcement in the Corporate Sector.

The individual contributions of this volume provide a substantive and methodological basis for the interdisciplinary discussion of Smart Regulation. The introductory paper by Prof. Rainer Niemann explains the research questions of Smart Regulation and drafts a mission statement for the Field of Excellence. The following contributions and co-presentations from academia and practice thematically represent the disciplines involved in the Field of Excellence.

After several initial activities, the Smart Regulation Symposium 2020 constituted the first major interdisciplinary conference of the Field of Excellence. It focused on contract, enterprise and market as the organizational forms of private exchange, and was chaired by Prof. Patrick C. Leyens – formerly a Smart Regulation member and now working at the University of Bremen.

Details on the print, eBook, and open access editions can be found here. For more information on the Symposium 2020, please follow this link.


Table of contents

I. Foundations

Rainer Niemann: The Field of Excellence of Smart Regulation: Draft mission statement

II. Digitalization as a Challenge for Consumer Protection

Philipp Hacker: Digitalization as a Challenge for Consumer Law: Automated Mental State Analysis, Fairness Law and Data Protection Law


Ursula Athenstaedt: Mind-reading algorithms: A Psychological View

Thomas Foscht: Digitalization and customer trust from a marketing perspective

Brigitta Lurger: Personalization Matters: The Systematic Classification of Consumers into Groups from a Psychological and Legal Perspective

III. Publicity as a Guide for Social Entrepreneurship

Michael Litschka: CSR, Stakeholder Approach and Co-Regulation: Governance shaped by Business Ethics


Patrick C. Leyens: Functions and development opportunities of CSR reporting

Leopold Neuhold: CSR and social entrepreneurship: Unfiltered remarks from a business ethics perspective

Georg Schneider: Behavioral Control through Corporate Publicity as an Example of Smart Regulation

IV. Automated Decision Making between Market and Regulation

Stefan Thalmann/ Jürgen Fleiß/ Florian Königstorfer/ Christine Malin: Automated decision making with the help of artificial intelligence needs explaining


Christian Aschauer: Automated Decision Making and Artificial Intelligence (AI) in Arbitration: On the Use of AI in the Constitution of the Arbitration Tribunal.

Markus Langer: XAI in employee selection – a savior?

Karl Stöger: Explainability and “informed consent” in medical law

V. Standard formation and enforcement in the corporate sector

Ralf Ewert/Alfred Wagenhofer: Standards and their Enforcement in Accounting and Auditing from an Information Economics Perspective


David Grünberger: Enforcement in Accounting from a Practical Perspective

Barbara Gunacker-Slawitsch: Self-Regulatory Standard-Setting and Cooperative Enforcement: Experiences and Future Opportunities from the Perspective of Tax Enforcement

Hanno Merkt: Self-Regulation in Business Law