BUSINESS CYBERLAW

Eugenio Prosperetti

Instructional goals

The course offers a glimpse over the main legal issues of “Business CyberLaw” from a EU and comparative law perspective. A first goal of the course is to equip students with tools to understand the interplay between technological advancements and business law (including intellectual property law, corporate law, competition law, business contract law, data protection law, e-commerce law). Another goal of the course is to develop student ability to identify and critically tackle the legal issues arising from 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; • 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 communication of Business Law, applied to the digital environment; 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 Digital Environment E MODULE II: E-Commerce Law MODULE III: Elements of Enterprise and Corporate law, with a special focus on the issues relating to digitalisation MODULE IV: Legal Issues of Data-Driven Innovation

Reference Books

Students should study on the materials which are indicated during the course 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). Seminars with experts and key figures. Students’ participation during lectures is strongly encouraged and will be considered in the final assessment.

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 Session 1 on campus Introduction to the Course – General Overview over the program and introduction to EU Law of intellectual property 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 simulated 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 Case analysis on digital copyright

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 Digital multimedia content protection: case analysis and Q&A

Week 5

MODULE II: E-Commerce Law Session 1 on campus Liability of Internet Service Providers Session 2 on campus Platform Regulation Readings:

Week 6

MODULE II: E-Commerce Law Session 1 on campus Consumers and Users Protection (including Cookies Law and other tracking mechanisms, Data Protection Law, Consumer Rights) Session 2 on campus The Schrems2 Case and transferring personal data on non EU systems.

Week 7

MODULE II: E-Commerce Law Session 1 on campus The (evolving) e-commerce legal framework: cloud computing services and contracts Session 2 on campus B2B and B2P Contracts contract models and exercise of critical analysis of specific contract clauses) – introduction to laboratory activity on cloud computing

Week 8

MODULE III: 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 9

MODULE III: 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 First session of lab activity on cloud contracts

Week 10

MODULE IV: Legal Issues of Data-Driven Innovation Session 1 Guest Seminar: details will be provided during the course Session 2 on campus IoT, data governance and data sharing in smart cities and legal issues of mass surveillance technologies

Week 11

MODULE IV: Legal Issues of Data-Driven Innovation Session 1 on campus Protection of data, big data Session 2 on campus Second session of lab activity on cloud contracts

Week 12

MODULE IV: Legal Issues of Data-Driven Innovation Session 1 on campus Artificial intelligence, algorithm based decision-making: Transparency, Explainability and Accountability Session 2 on campus Final session of lab activity on cloud contracts and course wrap up