Regulating Digital Sovereignty: A Comparative Analysis of Ex-ante and Ex-post Regulation in the EU, China, and India

Abstract

            This paper examines the comparative approaches to digital sovereignty regulation through ex-ante and ex-post frameworks, focusing on three significant case studies: the European Union, China, and India. Through a systematic analysis of regulatory frameworks, enforcement mechanisms, and institutional structures, we investigate how different jurisdictions balance preventive and reactive regulatory approaches in maintaining digital sovereignty. The study reveals that while the EU predominantly employs ex-ante regulation through comprehensive frameworks like General Data Protection Regulation (IGDPR) and Digital Market Act (DMA), China adopts a hybrid approach combining stringent rules with flexible enforcement, and India is transitioning from an ex-post to a hybrid model. Our findings indicate that the effectiveness of these regulatory approaches is heavily influenced by institutional capacity, economic incentives, and political contexts. The EU's strict ex-ante approach provides clarity but may impede innovation due to high compliance costs, while China's hybrid model offers flexibility but creates uncertainty in enforcement. India's evolving framework demonstrates the challenges developing nations face in balancing digital economic growth with sovereignty concerns. The research also highlights emerging trends in digital sovereignty regulation, including increasing convergence between ex-ante and ex-post approaches, growing emphasis on institutional capacity building, and rising importance of international cooperation. These findings contribute to both theoretical understanding of digital sovereignty regulation and practical policy development, suggesting that successful digital sovereignty frameworks require careful calibration of preventive and reactive measures based on national contexts and capabilities.