Teaching code

4S009086

Teacher

Giorgia Guerra

Coordinator

Giorgia Guerra

Credits

6

Also offered in courses:

• Comparative and transnational law & technology of the course Master's degree in Data Science

Language

English

Scientific Disciplinary Sector (SSD)

IUS/02 - COMPARATIVE PRIVATE LAW

Period

Semester 1  dal Oct 1, 2024 al Jan 31, 2025.

Courses Single

Authorized

Lessons timetable Moodle Seminars 0

Learning objectives

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.

Prerequisites and basic notions

No prior knowledge is required

Program

The program for attending students is divided into three parts. The first part introduces the student to the analysis of the "Fundamental concepts in the field of technology regulation and governance" and provides the theoretical and practical tools for studying the relationship between technological change, law and regulation. Particular attention will be paid to the impact of technology on the structural characteristics of the legal system and on the value of data, with attention also to the related ethical profiles. The second part provides the student with the main "regulatory coordinates" of digital technologies, artificial intelligence and algorithm, in a European and comparative perspective. The third part is dedicated to the analysis of "Law of the digital age in the different areas of private law" and guides the student in understanding the impact of technology on the main private institutions (contract, property, liability) and on the fundamental rights of the person. , consumer and user. During the first lesson, a detailed program of the contents covered, of the group work carried out in class with the teacher, and of the seminars with internationally renowned foreign teachers organized as part of the course will be provided.

Bibliography

Didactic methods

The course includes lectures (supported by the use of ppt presentations); work in groups on the analysis of current cases led in class by the teacher; viewing of video clips on specific topics with commentary in class, seminars. The lessons therefore foresee the active participation of the students, they start from the illustration of a case or problem exemplifying the topic dealt with, and encourage the discussion of the topics dealt with and topical cases.

Learning assessment procedures

The exam is oral. For attending students, the exam focuses on the program and material provided in class. For non-attending students, the exam focuses on the contents of the recommended volume. Erasmus students who have regularly attended the course will be given the opportunity to take the exam by presenting a written study on a topic chosen with the teacher.

Evaluation criteria

The final grade is aimed at enhancing the active participation in the class of the student in the proposed activities (case discussion; presentation, role game ...).For those attending: class participation: 30% of the final grade. Presentation in class of a legal issue among those assigned by the teacher (max 8 -10 slides): 40% Final oral exam: 30%

Exam language

English