Instructional goals
provide students with the fundamental principles of the Italian and European legal systems;
develop an understanding of the legal implications of digital technologies;
examine the regulation of artificial intelligence, data, digital platforms and cybersecurity;
develop the ability to identify legal and compliance risks arising in technological and digital contexts;
promote an interdisciplinary approach combining law, innovation and technological development.
Prerequisites
Non required
Intended learning outcomes
understand the fundamental principles of the Italian and European legal systems;
analyse the regulation of digital technologies;
interpret the main European regulatory frameworks;
assess the legal implications of artificial intelligence, identifying the legal, ethical and compliance risks associated with the use of AI;
apply the acquired knowledge to practical case studies and real-world scenarios.
Course Contents
The course provides an introduction to the Italian and European legal systems and examines the legal implications of digital transformation. Particular attention is devoted to artificial intelligence, blockchain technologies, personal data protection, platform regulation, digital markets, cybersecurity and emerging technologies. The course explores the interaction between law, innovation and technological development, analyzing the main European regulatory frameworks and their impact on business activities, public administration and society.
Reference Books
G. Iudica e P. Zatti, Language and Rules of Italian Private law: An introduction, latest ed., Cedam.
or
J.S. Lena and U. Mattei (eds.), Introduction to Italian Law, Kluwer, 2002.
PowerPoint slides and lecture notes.
Teaching Methods
lectures;
case-study analysis;
discussion of regulatory developments;
analysis of judicial decisions;
practical examples concerning AI and digital technologies.
Assessment Method
written exam;
open questions;
case-study questions;
application of legal principles to practical technological scenarios.
Thesis assignment criteria
Not applicable. No final thesis or coursework assignment is required for this course.
Week 1
Presentation of the lecturers
Introduction to the course
Overview of the study programme
Teaching methods and learning materials
Concept of legal system
Concept of legal rule and legal effects
Main theories of law: from Santi Romano to Hans Kelsen
Overview of the Italian legal system
Sources of law in Italy
The Constitution
Types of constitutions and comparative constitutional law
Constitutionalism in the digital era
Ordinary legislation
Law-decrees and delegated legislative decrees
Regional legislation
Regulations and customs
Future challenges for legal systems in the digital age
Reading Material:
G. Iudica, P. Zatti, Language and Rules of Italian Private Law: An Introduction;
Constitution of the Italian Republic;
articles and slides available online.
Week 2
The Parliament
The Italian legislative process
Direct democracy instruments
The abrogative referendum
Digital democracy: opportunities and challenges
The Constitutional Court
Constitutional review of legislation
The President of the Republic
The Government
The Judiciary
Digital transformation of courts and justice systems
Reading Material:
G. Iudica, P. Zatti, Language and Rules of Italian Private Law: An Introduction;
Constitution of the Italian Republic;
articles and slides available online.
Week 3
The European Union legal system
Sources of EU law
Regulations
Directives
Decisions
Sources of international law
International customs
General principles of law
UNIDROIT Principles and Lex Mercatoria
Private international law
Conflict of laws
Jurisdiction in cross-border disputes
Trusts and asset protection
The 1985 Hague Convention on Trusts
Reading Material:
G. Iudica, P. Zatti, Language and Rules of Italian Private Law: An Introduction;
Treaty on European Union (TEU);
Treaty on the Functioning of the European Union (TFEU);
1985 Hague Convention on Trusts;
UNIDROIT Principles;
articles and slides available online.
Week 4
Structure of the Italian Civil Code
Natural persons and legal entities
Legal personality and legal capacity
Capacity to act
Legal acts: concept, forms and effectiveness
Property rights
Historical development
Ownership and possession
Rights in rem
Intellectual Property Law
Copyright
Patents
Trademarks
Trade secrets
Intellectual property protection in the digital environment
Reading Material:
Italian Civil Code;
G. Iudica, P. Zatti, Language and Rules of Italian Private Law: An Introduction;
Italian Industrial Property Code;
Italian Copyright Law;
articles and slides available online.
Week 5
Concept of obligations
Sources of obligations
Contract law
Formation of contracts
Types of contracts
International contracts
Applicable law to international contracts
Contractual liability
Non-contractual liability (tort law)
Strict liability
Emerging issues in digital liability
Liability for automated systems
Artificial intelligence and civil liability
Reading Material:
Italian Civil Code;
G. Iudica, P. Zatti, Language and Rules of Italian Private Law: An Introduction;
AI Act;
articles and slides available online.
Week 6
Corporate law: concepts and principles
The Italian corporate framework
Types of companies
Shareholders’ agreements (Patti Parasociali)
Start-ups and innovative enterprises
Legal framework
Regulatory requirements
Digital commerce
E-commerce
Consumer protection
Online dispute resolution
Applicable law to online transactions
Case law in digital commerce
Reading Material:
Italian Civil Code;
Italian Consumer Code;
articles and slides available online.
Week 7
Introduction to Artificial Intelligence
Definition of AI
Machine Learning
Deep Learning
Generative AI
AI and Society
Opportunities and risks
Explainability and transparency
Human oversight
AI Governance
Ethical AI principles
Risk management
Accountability
The European AI Act
Risk-based approach
Prohibited AI systems
High-risk AI systems
General Purpose AI Models
Enforcement mechanisms
AI and Fundamental Rights
Privacy
Equality
Freedom of expression
Due process
Future Perspectives
Autonomous systems
AI and labour markets
AI in Professional Practice
Reading Material:
European Artificial Intelligence Act (AI Act);
Charter of Fundamental Rights of the European Union;
European Commission AI Guidelines;
articles and slides available online.
Week 8
• Blockchain Technology
Definition and core characteristics
Types of blockchain systems
Decentralisation, transparency and immutability
Permissioned and permissionless blockchains
• Applications of Blockchain Technology
Financial services
Supply-chain management
Healthcare
Public administration
Digital identity systems
• Blockchain and Data Protection
GDPR challenges
Data governance in decentralised systems
Privacy-by-design and privacy-enhancing technologies
• Smart Contracts
Definition and functioning
Smart contracts and smart legal contracts
Automated contractual performance
Legal enforceability
• Legal Challenges of Smart Contracts
Consent and contract formation
Contract interpretation
Jurisdiction and applicable law
Liability and cybersecurity issues
• Cryptocurrencies and Crypto-Assets
Bitcoin and Ethereum
Types of crypto-assets
Opportunities and risks
Financial innovation and digital markets
• European Regulation of Crypto-Assets
Markets in Crypto-Assets Regulation (MiCA)
Crypto-Asset Service Providers (CASPs)
Investor protection and market integrity
Anti-money laundering requirements
• Blockchain, Digital Identity and Trust Services
European Digital Identity Framework
eIDAS Regulation
Trusted digital services
Digital certification systems
• Future Perspectives for Blockchain and Digital Finance
Tokenisation of assets
Decentralised Finance (DeFi)
Central Bank Digital Currencies (CBDCs)
Regulatory and governance challenges
AI and Blockchain
AI-powered smart contracts
Blockchain for AI traceability
Trust and verification systems
Reading Material:
Markets in Crypto-Assets Regulation (MiCA);
eIDAS Regulation;
Bitcoin White Paper;
articles and slides available online.
Week 9
Concept of personal data
The right to data protection
European data protection framework
GDPR (Regulation EU 2016/679)
Italian implementation framework
Principles governing personal data processing
Lawfulness, fairness and transparency
Purpose limitation
Data minimisation
Accuracy
Storage limitation
Integrity and confidentiality
Accountability
AI and data protection
Automated decision-making
Profiling
Algorithmic transparency
Reading Material:
GDPR (Regulation EU 2016/679);
Italian Privacy Code;
EDPB Guidelines;
articles and slides available online.
Week 10
Digital rights: concepts and evolution
Digital rights within constitutional frameworks
Freedom of expression online
Platform governance
The Digital Services Act (DSA)
Online platforms
Very Large Online Platforms (VLOPs)
Content moderation
The Digital Markets Act (DMA)
Gatekeepers
Competition in digital markets
Jurisdiction and enforcement of digital rights
Data Economy and Data Governance
Big Data: concept and characteristics
Volume
Variety
Velocity
Value
Algorithms and automated processing
The European Data Strategy
The Data Governance Act
The Data Act
Data portability and data sharing
Business and industrial data ecosystems
AI and Platforms
Recommendation systems
Generative AI content
Platform accountability
Reading Material:
Digital Services Act (DSA);
Digital Markets Act (DMA);
Data Governance Act;
Data Act;
European Data Strategy;
articles and slides available online.
Week 11
Big Data and fundamental rights
The right to be forgotten
Freedom of expression and information
Consumer behaviour and algorithmic influence
Algorithms and democratic processes
Disinformation and misinformation
Deepfakes and synthetic media
Platform responsibility
Case studies:
Cambridge Analytica
Social media and electoral integrity
AI and Democratic Processes
Data Economy and Data Governance
Big Data: concept and characteristics
Volume
Variety
Velocity
Value
AI and Platforms
Recommendation systems
Generative AI content
Platform accountability
Reading Material:
AI Act;
Digital Services Act (DSA);
Charter of Fundamental Rights of the European Union;
selected case law and case studies (Cambridge Analytica and others);
articles and slides available online.
Week 12
Cyberlaw: concepts and legal foundations
Internet governance and regulation
Cyberlaw within the Italian Civil and Criminal Codes
Cybersecurity regulation
NIS2 Directive
DORA Regulation
Cyber Resilience Act
Cybercrime
Identity theft
Ransomware
Online fraud
AI-enabled cyber offences
Cybersecurity and Digital Resilience
Governance and compliance
Security by design
Critical infrastructure protection
Emerging Technologies and Cyber Risks
AI and cybersecurity
Cloud computing and IoT security
Digital investigations and evidence.
Reading Material:
NIS2 Directive;
DORA Regulation;
Italian Criminal Code;
articles and slides available online.