Scientific Disciplinary Sector (SSD)
IUS/02 - COMPARATIVE PRIVATE LAW
Primo semestre dal Oct 4, 2021 al Jan 28, 2022.
This course provides students with legal notions and concepts necessary to understand the meaning, reach and scope of application of legal rules in the field of new technologies from a comparative and transnational perspective. The law of new technologies is dealt with both from a theoretical perspective, with focus on the effectiveness and efficacy of legal rules, and from a practical one, with focus on normative and contractual texts and relevant court decisions from multiple jurisdictions.
At the end of the course the student has to show to have acquired the following skills:
● knowledge of objects and methodologies of comparative law applied to new technologies, with specific reference to the notions and fundamental concepts relating to data (personal data, sensitive data, economic data, "big data")
● ability to develop an economic analysis in relations with the law of new technologies, in particular for what concerns the theory of monopoly and economies of scale (consumption, production, innovation)
● familiarity with European legal rules relating to conflict of laws and conflict of jurisdiction in matters of law and technologies and associated online dispute resolution methods
● knowledge of the basics of comparative and transnational personal identity law and in relation to digital identity and data protection laws, in particular for what concerns Europe, United States and China
● knowledge of the concept of property in comparative law, in relation to the different methods of data processing
● knowledge of the basics of comparative and European intellectual property law and competition applied to new technologies (data protection, software and database protection in Europe, the United States and China, unfair competition and competition, abuse of a dominant position, anti-competitive agreements , relations between competition law and "big data"
● knowledge of the basics of European, comparative and transnational law for what concerns contracts based on new technologies and data transfer
● ability to evaluate the transmission and processing of data and consumer protection rules.
Detailed program - Comparative and Transnational Law & Technology
Students are not required to have a background in Law or any specific preparation in law. Every class will offer basic legal concepts students need to know.
Classes will be based on frontal lectures - devoted to the transmission of key notions and concepts and supported by PowerPoint presentations - and group discussions on study-cases; analysis of video-clips on specific legal issues; and analysis of regulatory documents .
From time to time you will be required to read in advance an article or to find out information about a current case. Every class will be introduced by discussion a case scenario/phenomenon. Active participation is highly encouraged!
1. Introduction to the course: general information, a whole perspective of “Technology governance” and the Algorithm Regulation; Methods and perspective; Typical structure of the class, included lectures, workshops, study of literature, analysis of case studies, Work and discussion groups
PART I TECHNOLOGY LAW, REGULATION AND GOVERNANCE. INTRODUCTORY THEORETICAL CONCEPTS AND BASIC NOTIONS
1. The regulatory tool box for technology
2. (continue) Technological change: challenges for law
3. The legal value of DATA (Big Data; AI..)
4. Discussion groups (the “Moral Machine”)
PART II MAIN REGULATORY COORDINATES: AN INTRICATE FRAMEWORK
5. Data governance and data driven regulation
6. Artificial Intelligence governance and regulation in EU and in Comparative Perspective
7. The law of Digital Platforms
9. Privacy and Data Protection: the intersection between data and fundamental rights
10. (continue) The data protection: technology and the legal change in data protection
11. Complicating the picture: the regulation of a “digital ecosystem”
PART III REGULATING DIGITAL DATA IMPACTS ON DIFFERENT DOMAINS
12. Contracts in the Digital Single Market
13. (continue) Payment with data (“How much is it? It’s free”….)
14. Smart contracts and blockchain
15. Safety and Liability for AI, algorithms and robots
16. (continue) Safety and Liability for AI, algorithms and robots in different domains
17. Consumers Protection and the Challenges of Smart Products
18. (continue) Consumer protection: The right to be informed in digital context. Discussion Group
19. Intellectual Property and digital data
20. Competition law in digital market
21. (continue) Competition Law matters
22. Digital Data and personal rights post mortem
23. AI, the judiciary system and the on-line dispute resolutions
Visualizza la bibliografia con Leganto, strumento che il Sistema Bibliotecario mette a disposizione per recuperare i testi in programma d'esame in modo semplice e innovativo.
Students that have regularly attended classes (both in class or via streaming) will have an oral exam. Active participation during the classes will be positively take into account.
Non-attending students are required to take an oral exam. The exam will consist of an oral discussion, aimed at verifying the knowledge of the fundamentals of Technology Law as dealt with in the textbook.
Erasmus students that have regularly attended classes are granted the possibility to write an essay on a topic assigned by the instructor.