Teaching code

4S009091

Teacher

Matteo Ortino

Coordinator

Matteo Ortino

Credits

6

Language

English

Scientific Disciplinary Sector (SSD)

IUS/05 - ECONOMICS LAW

Period

2° periodo lezioni (2A) dal Feb 14, 2022 al Mar 26, 2022.

Lessons timetable Moodle Seminars 0

Learning outcomes

This is an introductory course – taught in English – on the legal aspects of the digital economy. The focus will be on EU law and policies governing the economic activities carried out by and through digital platforms such as Google, Amazon, Airbnb, Facebook, etc. Students will learn the main economic and legal characteristics of the digital economy, by understanding the most important aspects of EU law and policies relevant to the digital economy, regulating individual sectors (eg. transport, accommodation, finance) and across-the-board legal issues (eg market access, competition, contract formation, data, and consumer protection). Students will learn how to look at the digital world from a legal point of view; they will be able to identify the main technical and economic developments in this area and understand how such developments are being addressed by the EU legal system and how they are affecting and changing the application of traditional legal principles and rules.

Program

The course will cover some of the main EU legislative initiatives in the field of Digital Economy. Among the legislative acts that will be analysed are: the directive on electronic commerce 2000/31, the services directive 2006/123, the E-money directive 2009/110, the consumer rights directive 2011/83, the directive on payment 2015/2366, the Regulation for the protection of personal data 2016/679, Competition law.

The course is 36 hours long (6 CFU) and will be held in English with the support of slides and study materials indicated in advance (eg legislation and jurisprudence of the European Union). The course will be partly taught in person (5 CFU, 30 hours) and partly remotely, following flipped learning and group-based learning methodologies (1 CFU, 6 hours). Students will be invited to participate to the discussion on the various topics introduced and explained by the lecturer, also based on study materials read in advance.

The in-person activities are dedicated to the following topics:
What is the Digital Economy? What definition does the EU legal system give?
• The main market sectors affected
• What strategies and methods is the EU adopting or should it adopt to regulate the digital economy?
• The relevance of EU law on access to the online market
• Consumer protection in the digital economy
• The role and legal protection of data in the digital economy
• EU competition law in the digital economy and the protection of smaller companies
• Finance, e-money and payment systems

The remote academic activities are dedicated to group work for the solution of practical cases relating to legal issues such as:
• the compatibility of national regulations with the EU regulations on digital exchanges
• the liability of online intermediaries towards third parties for illegal activities carried out by users of digital platforms

Bibliography

Examination Methods

The exam is written. In 60 minutes students will have to answer three/four questions. Students who have attended classes will be graded on the basis of three criteria:

1) in giving the answers to the above-mentioned questions, his/her ability to demonstrate: a) the knowledge of the relevant legislation and jurisprudence and of the relative doctrinal analysis; and b) the comprehension of the fundamental notions and general principles and above all of the underlying 'logic' of the subject learned during the lessons and by the study of the texts (eg, what objectives are pursued by the legislator, what public interests come into play, what are the basic general legal principles, what is the role of the various institutional actors, what are the macro-changes that took place in the legal framework).

2) in giving the answers to the above-mentioned questions, his/her ability to use the correct technical legal terms in his/her answers.

3) student’s class participation.

Students who have not attended classes will be graded on the basis on two criteria:
1) ability to demonstrate: a) the knowledge of the relevant legislation and jurisprudence and of the relative doctrinal analysis; and b) the comprehension of the fundamental notions and general principles and above all of the underlying 'logic' of the subject learned by the study of the texts (eg, what objectives are pursued by the legislator, what public interests come into play, what are the basic general legal principles, what is the role of the various institutional actors, what are the macro-changes that took place in the legal framework).
2) the ability to use the correct technical legal terms in his/her answers.