AI AND DATA MANAGEMENT LAW

Eugenio Prosperetti

Instructional goals

The course offers a glimpse over the main legal issues concerning data management and use of artificial intelligence which are relevant to running a business. The various subjects are analyzed from a EU and comparative law perspective. The course also provides students with the basics of corporate law, with a particular focus on innovative startups. A first goal of the course is to equip students with tools to understand the key issues concerning data and AI in a business environment (relevant aspects of data protection law, intellectual property law, corporate law, competition law, business contract law, e-commerce and platform regulation). Another goal of the course is to develop student ability to identify and critically tackle the legal issues arising from operating a business in the digital environment.

Prerequisites

Students that passed the exams of Legal system in the digital age and Business Law and ICT can enroll in this course.

Intended learning outcomes

Knowledge and understanding: By the end of the course, students should be able: • to develop a critical comprehension of the fundamental notions of Business law (including intellectual property law, company law, e-commerce law, data protection aw) in the digital environment with special regard to issues relevant to data management and AI development/deployment/use in a business environment; • to understand the role of Business Law in digital contexts. Applying knowledge and understanding: to assess and interpret the legal issues arising from digital business contexts and be able to correctly apply different legal sectorial rules in different contexts and settings; to evaluate the impact of technological changes on Business Legal Rules. Making judgments: Upon completing the study program, students will be able: to apply legal reasoning in business and institutional decisions; to gather and interpret information and data from different sources, in order to make judgements in an independent way to debate different perspectives to address the issues at stake in the business cyber activity.  Communications Skills: to develop the ability to communicate in oral form through the final exam and the class debate; to use the notions and the language of business and IT Law in their activities; to foster the development relational skills in international and multicultural settings Learning skills: Upon completing the study program, students will be able: to build an analytic toolbox from both empirical and legal analysis; to solve problems in dynamics settings and develop critical positions.

Course Contents

After a general introduction, the course will focus on four key areas: MODULE I: Advanced Intellectual Property Law and Management in the business environment MODULE II: Legal Issues of Data-Driven Innovation MODULE III: Law of Data, AI and digital platforms MODULE IV: Elements of Enterprise and Corporate law, with a special focus on the issues relating to digitalisation

Reference Books

Students should study on the materials which are indicated during the course (any mandatory/suggested reading materials are listed in the slides of each lesson) and on LUISS Learn. All readings are available open access or via Luiss on-line subscriptions. Other materials will be provided during the course on the Luiss Learn Platform.

Teaching Methods

Frontal teaching/case studies/interactive discussions/practical exercises (both individual and group works). Students’ participation during lectures is strongly encouraged and will be considered in the final assessment. A constant (more than 80% of course) and active may add up to 2 bonus points on final exam grade.

Assessment Method

The exam consists of a final oral exam. The students will be assessed also according to class participation and taking part to lab activities of the course with a bonus of up to two points on the final mark.

Thesis assignment criteria

Upon merit

Week 1

MODULE I: Advanced Intellectual Property Law and Management in the Digital Environment and in Businesses Session 1 on campus Introduction to the Course – General Overview over the program and introduction to the course Session 2 on campus Introduction to Trade Marks and other distinctive signs used by enterprises

Week 2

MODULE I: Advanced Intellectual Property Law and Management in the Digital Environment Session 1 on campus Trade Marks and other distinctive signs Session 2 on campus Copyright Law: Digital Markets, Big Data and Artificial Intelligence Digital Copyright Law and Practice (analysis of cases about digital copyright law)

Week 3

MODULE I: Advanced Intellectual Property Law and Management in the Digital Environment Session 1 on campus Software regulation and contracts Session 2 on campus AI coding in the business: legal issues

Week 4

MODULE I: Advanced Intellectual Property Law and Management in the Digital Environment Session 1 on campus Patents in the ICT world Session 2 on campus AI generated content and intellectual property

Week 5

MODULE II: Legal Issues of Data-Driven Innovation Session 1 Processing of personal and non personal data in a business environment Session 2 on campus (part 2) Processing of personal and non personal data in a business environment – class exercise

Week 6

MODULE II: Legal Issues of Data-Driven Innovation Session 1 on campus Protection of data, big data Session 2 on campus Data Act e Data Governance Act and AI training

Week 7

MODULE II: Legal Issues of Data-Driven Innovation Session 1 on campus Artificial intelligence, algorithm based decision-making: Transparency, Explainability and Accountability – corporate liability Session 2 on campus AI terms and conditions and corporate liability

Week 8

MODULE III: Law of Data, AI and digital platforms Liability of Internet Service Providers and Information Society Service Providers Session 2 on campus Digital Platform Regulation: Digital Services Act and Digital Markets Act

Week 9

MODULE III: Law of Data, AI and digital platforms Session 1 on campus AI Act and AI compliance mechanisms Session 2 on campus The Schrems2 Case, cloud and AI sovereignty and transferring personal data on non EU systems.

Week 10

MODULE III: Law of Data, AI and digital platforms Session 1 on campus Cloud computing services and contracts Session 2 on campus B2B and B2C Contracts contract models and exercise of critical analysis of specific contract clauses)

Week 11

MODULE IV: Elements of Enterprise and Corporate law, with a special focus on the issues relating to digitalisation Session 1 on campus Basic Elements of Enterprise Law Session 2 on campus Elements of Corporate Law

Week 12

MODULE IV: Elements of Enterprise and Corporate law, with a special focus on the issues relating to digitalisation Session 1 corporations and innovative startups with focus on operations and governance of tech startups – class discussion and practice of the regulation model and of cases Session 2 Course wrap-up and non graded quiz for final exam training