ECONOMY AND LAW OF DIGITAL ENTERPRISES
Instructional goals
Providing a cultural knowledge of main aspects of IT law and digital economy, in particular reference to e-commerce, main phenomenon of Internet era
Intended learning outcomes
Knowledge and understanding
The student - through attendance and practical activities - will gain full knowledge of the general categories anche concepts of IT law and digital law&economics, also by the supranational regulatory and jurisprudential framework. The acquisition of knowledge will be verified through tests at the end of the lessons of the course. At the end of the course there will be an oral exam to verify the knowledge acquired.
Applying knowledge and understanding
The student - by acquiring the correct tools and method - will be able to interpret and apply, the topics of IT law and digital law&economics, comparing with traditional models of classification and qualification law already analyzed in the context of the other courses of the same subject area. Furthermore, the student will be able to compare these principles with those established at the supranational level. The presence of online content in the digital platform of the course and the carrying out of practical exercises will allow to verify in real time the skills acquired by the students. The acquisition of knowledge will also be verified through tests at the end of the lessons. At the end of the course, an oral exam will take place to verify the analytical skills acquired.
Making judgment
The student, by making use of the appropriate methods learned during the course, will be able to collect data and materials to analyse the relevant provisions, case law as well as scholars’ approaches related to the discipline of IT and digital law&economics. The student will gain the ability to evaluate such data independently and to make critical judgment on their application to pratical cases, identifying the appropriate solutions to the multiple practical cases submitted to his/her attention.
Communication skills
At the end of the course the student will be able to use the legal and technical vocabulary of IT and digital law&economics, addressing the legal issues at hand with terminological accuracy. Through the various activities - lessons with discussions, oral exams, moot courts, workshop - the student will be able to put these communication skills into practice in various contexts, by adapting the terms used to the interlocutor in the specific case, thus gaining advanced rhetorical skills necessary for his/her professional career.
Learning skills
The technical and legal knowledge gained during the course will allow the student to independently understand and interpret regulatory changes, new case law and scholars’ approaches related to the discipline of IT and digital law&economics. The student will develop a solid knowledge of the fundamental aspects of the matter that will allow him/her to carry on also independently further study as well to undertake the different postgraduate professional training activities.
Course Contents
Subject of the course is the discussion of the legal aspects of e-commerce, with the improvement of typical issues of IT law and the digital economy:
- market and enterprise in digital era;
- digital signature, legal electronic contracts and e-commerce contracts;
- e-commerce law;
- personal data protection in e-commerce;
- advertising on-line legislation;
- internet and competition law;
- cryptocurrencies, blockchain and smart contracts
- financial products and services sale on Internet;
- copyright in digital era;
- domain names
Reference Books
Bocchini R. (edited by), 2023, Manuale di Diritto dell’informatica, Napoli, ESI (Book n. 1);
Ciacci G. - Buonomo G., 2021, Profili di Informatica Giuridica, Padova, Cedam Wolter Kluvers (Book n. 2).
Pasquino C – Rizzo A. – Tescaro M. (edited by), Questioni attuali in tema di commercio elettronico, ESI, Napoli, 2020, pp. 1 – 202 (Book n. 3)
Teaching Methods
- Lectures
- Project work
- Class Discussions
- Case studies
- Workshop
- Group presentation and assignment
Assessment Method
During the oral exam the student will be required to show that he/she knows and understands notions and principles of IT law and digital law&economics and that he/she is able to apply them to practical cases. The student is expected to be able to independently analyse sources and relevant theories of IT law and digital law&economics and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter and to undertake the various post-graduate professional training courses. The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: - knowledge and understanding of the notions and principles of the matter and ability to apply them to concrete cases (65%); appropriate use of the technical and legal vocabulary, ability to analyse and evaluate relevant sources and acquisition of the study method (35%). Learning gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter. Forms of monitoring and intermediate verification of the preparation of the course participants are possible, it being understood that the attribution of the grade (judgment) will take only at the final exam at the end of the course, according to the methods and criteria of valuation specified.
Thesis assignment criteria
None
Week 1
E-COMMERCE AND DIGITAL ECONOMY LAW Sources anche typical themes Part 1 - Ch. 1 Book n. 1 (pp. 7-30) Companies and contract in the digital and internet era tel Part 4 - Ch. 2 Book n. 1 (v. “testi di riferimento”) (pp. 287-345); Ch. III Book n. 2 (pp. 243-323) E-commerce and digital economy law Book n. 3 (pp. 7-32; 193-202)
Week 2
E-COMMERCE E-commerce Teaching materials published on the website Consumer protection on Internet Part 4 - Ch. 1 Book n. 1 (pp. 271-286); Part. 7 – Ch. 1, 2 Book n. 1 (pp. 623-664) Teaching materials published on the website
Week 3
INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT IN THE NEW TECHNOLOGIES Part 6 - Ch. 3 Book n. 1 (pp. 577-598) Book. n. 3 (pp. 33-51) Multimedia works protection Teaching materials published on the website
Week 4
DATA PROTECTION REGULATION Regulatory framework Data protection Authority Liability and sanctions Ch II Book n. 2 (pp. 143-242); Teaching materials published on the website
Week 5
DATA PROTECTION AND E-COMMERCE Principal and legal aspects Teaching materials published on the website Regulation and auto-regulation Teaching materials published on the website Analysis privacy policies of principal e-marketplace and case law analysis Teaching materials published on the website Learning by doing: practical case solving (exercises, group presentation and assignment)
Week 6
SOCIAL NETWORK Part 5 - Ch. 4 Book n. 1 (pp. 429-444) Description of the phenomenon Teaching materials published on the website Legal profiles Teaching materials published on the website Case law analysis Teaching materials published on the website Learning by doing: practical case solving (exercises, group presentation and assignment)
Week 7
DOMAIN NAMES Legal profiles Domain name protection Part 3 - Ch. 3 Book n. 1 (pp. 197-210) Case law analysis Teaching materials published on the website Learning by doing: practical case solving (exercises, group presentation and assignment)
Week 8
ISP’s LIABILITY European legislation Italian legislation ISP contractual liability Part 6 - Ch. 1, 2, 4 Book n. 1 (pp. 533-576; 599-621) Learning by doing: practical case solving (exercises, group presentation and assignment)
Week 9
ISP’s LIABILITY ISP’s liability in “mere conduit” activity and italian and non case law analysis; Teaching materials published on the website ISP’s liability in “caching” activity and italian and non case law analysis; Teaching materials published on the website ISP’s liability in “hosting” activity and italian and non case law analysis Part II - Ch. 4 Book n. 1 (pp. 539-575); Teaching materials published on the website Learning by doing: practical case solving (exercises, group presentation and assignment)
Week 10
FILE SHARING AND LINKING Part 3 - Ch. 4 Book n. 1 (pp. 211-224) Technical and legal aspects Teaching materials published on the website File sharing case law analysis Teaching materials published on the website Linking case law analysis Teaching materials published on the website Learning by doing: practical case solving (exercises, group presentation and assignment)
Week 11
DATA PROTECTION AND ELECTRONIC COMMUNICATIONS Regulation of Spamming Teaching materials published on the website Data protection Authority decisions analysis Teaching materials published on the website Case law analysis Teaching materials published on the website Learning by doing: practical case solving (exercises, group presentation and assignment)
Week 12
CRYPTOCURRENCIES, BLOCKCHAIN AND SMART CONTRACTS Part 3- Ch. 5 Book n. 1 (pp. 225-236); Part 4 - Ch. 3 Book n. 1 (pp. 347-368) Cryptocurrencies case law analysis Teaching materials published on the website Legal aspects of Blockchain Teaching materials published on the website Smart Contracs Teaching materials published on the website Learning by doing: practical case solving (exercises, group presentation and assignment)