BUSINESS LAW AND ICT

The course will provide students with a sound understanding of the most fundamental business issues concerning the intersection (sometimes emerging as a clash) between the legal institutes and the new technologies. In this perspective it seeks to assess the dynamics and the business implications stemming from the current digital transformation, scrutinizing the legal aspects that firms have to deal with in the rapidly changing economic scenario. Accordingly, the different modules will analyse the core aspects of the business and digital law, also through a critical assessment of the main practical cases as to enhance the students’ critical thinking and to underline that in an interconnected world, technology law issues are global in scope. The main areas of interest are: contract models and the role of new technologies (Internet, multi-sided platforms, apps); Consumer protection in the digital age; Competition law and policy, with specific attention to the competition challenges posed by the ‘Big Five’ tech companies (Google, Microsoft, Apple, Facebook, Amazon); Different forms of online advertising (including search engine marketing, email marketing and social media marketing) and their regulation in the different jurisdictions; The role of IPRs in the digital environments; BIG DATA, artificial intelligence and legal challenges (including the GDPR Regulation); Impact of the digitalisation and regulation of the Financial Markets.

Student are required to have a background of the general theory of law, with specific enhpasis on the problems of today legal rules to regulate technological phenomena. Advanced knowledge of information and communication technology devices is recommended.

At the end of the course, students will have acquired an in-depth and critical knowledge of the most relevant issues located at the crossroad between technologies, including those related to artificial intelligence, and legal institutions. In this perspective, they will also be able to analyze and suggest business strategies to be adopted in the different legal and regulatory contexts.

Legal frontiers in the Digital World. The complex relationships between disruptive technologies, business strategies and (global) legal rules. Principles of international contract law; techniques for the negotiation of international contracts. Evolution of contract law, as a result of globalization and technological revolution Big Data and Law. Definition of Big Data. The business models based on the collection, processing and use of large volumes of data. Critical analysis of the legal issues, including smart contracts, privacy regulation, algorithmic accountability and property rights. The legal, policy and regulatory issues pertaining to Artificial Intelligence. The problems concerning an accountable, fair and transparent AI. The possible legal frameworks. Intellectual Property in the Information Age: patents, copyright, trademarks, trade secrets. The economics and strategic management of IP in large corporations. The standard setting organisations and the related legal issues. Intellectual Property agreements and commercial contracts. Technology transfer. IP and software licensing. Online Advertising and Applicable Legislation. Firms’ strategies in advertising campaigns. Competition theory and market structure; goals of competition policy; market power; market definition; restrictive agreements; rules of reason v. per se rules; the economics of collusion; horizontal cooperation; vertical restraints; single-firm conduct; the economics of market power and abuse of dominance; excessive prices; predatory pricing; exclusive dealing and loyalty rebates; refusal to deal; margin squeeze; tying; concentrations: unilateral and coordinated effects; efficiencies. Mergers in digital markets. Public and private enforcement of competition rules. New Economy and main changes in financial intermediation. New financial intermediation with huge amounts of information processing (big data) and new delivery channels. Competition, cooperation and regulation. Digitalisation and Banking.

Papers, book chapters and other course materials concerning all the topics will be handed out during the course, also on the basis of the students interests. The course’ slides will be made available upon students’ request.

Traditional frontal teaching is supplemented with dialogic discussion in order to stimulate the active role by the students. Particular attention will be also given to the critical analysis of real cases.

Oral examination. The exam aims at assessing whether the student has acquired an adequate understanding of the institutions dealt with during the lessons.

Marked interest for an issue. Passing of the exam.