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