Introduction To Information Technology Law

Timetable

Suggested date for classes: Mondays at 11.30 - 13.00.

(The date may change)

Module aim (aims)

The student should understand basic IT law concepts such as software, interface, reverse engineering, software defect, software bug, electronic signature or cloud computing.

The student should have an in-depth knowledge of software contracts, i.e. their typology, subject matter and meaning.

The student should have an understanding of electronic forms of legal actions (transactions) and how to conclude contracts using electronic communications.

The student should have a thorough knowledge of services provided over the Internet, including cloud computing services.

Pre-requisites in terms of knowledge, skills and social competences (where relevant)

Reasonable knowledge of the English language. Knowledge of contract and intellectual property law is welcome, although not essential.

Syllabus

Week 1: Computer law: origins, scope and general characteristics

Week 2: Software in general I: legal protection of computer programs

Week 3: Software in general II: exclusive rights to the computer program and their limitation

Week 4: Software contracts I: typology, proprietary software contracts

Week 5: Software contracts II: non-proprietary software contracts, legal status of abandoned computer programs

Week 6: Contracts for the supply of digital content and digital services: notion, scope of application, performance of obligations

Week 7: Contracts for the supply of digital content and digital services: failure to supply the digital content or digital service, lack of conformity, consumer remedies, unilateral modification of the contract

Week 8: Form of electronic transactions I: general information, electronic signature

Week 9: Form of electronic transactions II: electronic seal, electronic time stamp, electronic registered service, certificate for website, trust services

Week 10: Contracting in the Internet I: general information, offer and its acceptance

Week 11: Contracting in the Internet II: auction and negotiation

Week 12: Information society services: general information, unsolicited commercial information, hosting, caching, mere conduit

Week 13: Cloud computing: contracts and personal and non-personal data protection

Week 14: Artificial Intelligence, Blockchain

Week 15: Exam

Reading list

Creech K., Electronic media law and regulation, Amsterdam 2003.

Helberger N., Digital consumers and the law: towards a cohesive European framework, Alphen aan den Rijn 2013.

Jütte B.J., Reconstructing European copyright law for the digital single market: between old paradigms and digital challenges, Baden-Baden 2017.

Kur A., Dreier Th., Luginbuehl S., European intellectual property law: texts, cases and materials, Cheltenham 2019.

Lodder A.R., Kaspersen H.W.K. (eds.), E-directives: guide to European Union law on e-commerce: commentary on the directives on distance selling, electronics signatures, electronic commerce, copyright in the information society, and data protection, The Hague, London 2002.

Rosati E., Copyright in the digital single market : article-by-article commentary to the provisions of directive 2019/790, Oxford 2021.

Spindler G., Börner F. (eds.), E-commerce law in Europe and the USA, Berlin 2002.

Szkalej K.F., Copyright in the age of access to legal digital content : a study of EU copyright law in the context of consumptive use of protected content, Uppsala 2021.

Weatherill S., EU consumer law and policy, Cheltenham 2013.

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Newer editions are of course welcome.

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Additional materials will be provided during the classes.