In recent years, the concept of personalizing private law rules has been under discussion in legal theory. This idea, which is primarily promoted in American legal sciences by figures such as O. Ben-Shahar, A. Porat, and L. Strahilevitz, has also gained support in Europe, notably from P. Hacker. It is based on leveraging the capabilities provided by big data and its algorithmic processing through artificial intelligence applications. This data is typically gathered from transactions with credit cards, interactions on social networks, usage of various applications on smartphones, and from public or corporate records.

Advocates of personalization argue that it could address significant weaknesses in the current system of private law. Many existing regulations in private law rely on general and abstract concepts that do not always account for the specific needs and contexts of individuals. The potential for personalized law could lead to more tailored and effective legal solutions that align with individual circumstances and behaviors, thus making private law more relevant and responsive.

However, this concept raises important questions about privacy, data protection, and the ethical implications of using personal data in legal contexts. The challenges of balancing individual rights with data utilization are critical as the legal community navigates the implications of integrating personalized law into existing frameworks. A broader discussion around the constraints and benefits of personalization in private law is essential to shape future legal standards and practices in a data-driven world.