Learning objectives

The course is intended to provide the student with the knowledge of the fundamental legal rules governing the processing of personal data in the management of property relations.

At the end of the course, the student will be able to analyse and eleborate on the basic legal notions and rules governing the right to privacy in property relations; to apply them to actual cases; to use the appropriate and specific legal jargon; to adopt correct lines of reasoning and argumentation formulating autonomous judgments.

Prerequisites and basic notions

The course has no specific prerequisites

Program

The course aims to provide students with a solid foundation in private property law as it applies to personal data, offering a legal framework for understanding one of the main aspects of the contemporary economy and society (the data-driven economy and data society).
Through an analysis of key national and supranational regulations, the most significant rulings of domestic courts and the Court of Justice of the European Union, and the evolution of the so-called European data strategy adopted by the EU institutions, the lectures aim to provide a comprehensive overview of the subject — from the concept of “data” and the relationship linking it to the individual to whom it refers (the right to personal data protection) to the more complex issues of data processing and, more generally, data circulation (contracts involving personal data, the secondary data market, and succession due to death), highlighting the paramount interest in “control” over such data.
More specifically, the program is structured as follows.
A) The General Data Protection Regulation (EU Regulation No. 679/2016, known as the GDPR): an introduction to the legal protection of personal data and the evolution of the principles of European law in this area (the so-called dual purpose of the Regulation: protecting the individual and promoting the free flow of data);
B) the concepts of “personal data,” “processing,” and the subjects of processing;
C) the principles of processing, consent, and other legal bases
D) an in-depth examination of the exchange value of personal data and its significance in contractual dynamics (in particular: the role of consent to the processing of personal data in contracts providing for the “free” supply of digital content or services; consent to the processing of personal data as an alternative, available to the user, to payment of a price, and as a condition of the contract);
E) the rights of the data subject—with a focus on the right to data portability;
F) the accountability model adopted by the GDPR, the principles on which it is based, and the fundamental pillars of its architecture;
G) private-law remedies for the protection of personal data, with particular regard to civil liability (Art. 82 GDPR);
H) possible configurations of rights regarding personal data and issues related to succession (with a focus on so-called “digital inheritance”);
I) the European Data Strategy and the creation of a single data market. In particular, data sharing and European data governance under the Data Governance Act (EU Regulation No. 2022/868) and the Data Act (EU Regulation No. 2023/2854);
J) a thematic analysis of the challenges of personal data protection in the era of artificial intelligence
Understanding the legal framework surrounding personal data — including its processing and value — enables a more informed use of digital technologies. This, in turn, contributes, on the one hand, to fostering more effective “equal opportunities,” including gender equality (GOAL 5), and, on the other hand, to supporting impactful and balanced innovation in production processes and infrastructure (GOALS 8 and 9). At the same time, the role of legal professionals in governing digital technologies benefits institutions within the legal system by enhancing effectiveness, accountability, and transparency — including in the oversight of the conduct of data market actors (GOAL 16).

Didactic methods

Frontal lessons combined with discussion of practical cases (Problem based learning method). In any case, active student participation during class is encouraged.
Finally, a space may be devoted to in-depth study in seminar form of specific topics, directly involving students and professionals or experts in the subjects covered by the course.
To be considered an attending student, one must attend at least 20/30 lecture hours and 8/12 lab hours.
For P4W students: Requirements to be considered an attending student will be specified on the teaching moodle page.

Learning assessment procedures

The assessment of the knowledge required will take place through a single oral discussion.
Students who regularly attend the course may take a written exam at the end of semester 1A. The exam consists of multiple-choice questions and open-ended questions requiring a concise response. Failure to pass the written exam does not preclude admission to the oral exam. Students who pass the written exam and wish to improve their grade may take a supplementary oral exam.
For ERASMUS students, the assessment procedures are agreed upon in advance with the teachers.

Criteria for the composition of the final grade

The score is referred to the oral test and the final evaluation is expressed in 30ths.
The written exam, which is open only to students who are regularly attending classes, is also graded on a scale of 30.

Exam language

Italiano

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