Diritto dell'economia digitale (2020/2021)

Course code
4S009091
Name of lecturer
Matteo Ortino
Coordinator
Matteo Ortino
Number of ECTS credits allocated
6
Other available courses
Academic sector
IUS/05 - ECONOMICS LAW
Language of instruction
English
Period
1° periodo di lezioni dal Sep 28, 2020 al Dec 14, 2020.

Lesson timetable

Go to lesson schedule

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.

Syllabus

The course will cover some of the most important EU initiatives relevant to the Digital Economy, which include the following legal acts: Directive 2000/31 (E-Commerce Directive), Directive 2006/123 (Service Directive), Directive 2009/110 (E-money Directive), Directive 2011/83 (Consumer Rights Directive), Directive 2015/2366 (Payment Services Directive), General Data Protection Regulation 2016/679, Competition Law.

Some of the main aspects of the EU law and regulation of the Digital Economy will be addressed, including the following:
• What is the Digital Economy? What is the definition in the EU legal system?
• The main market sectors involved in the rising phenomenon
• What strategies and modalities are/should be adopted by the EU to regulate the Digital Economy?
• The relevance of EU law on Market Access
• Consumer Protection in the Digital Economy
• The role and legal protection of data in the Digital Economy
• EU competition law and the protection of the smaller firms
• Finance, e-money and payments

TEACHING METHODS
Classes will be based on lectures with the support of slides and legal acts (eg. legislation, judgments). Students will be invited to participate in group discussion and analyses of various topics addressed and explained in the lecture.

LANGUAGE OF THE COURSE

English

Reference books
Author Title Publisher Year ISBN Note
V. Hatzopoulos The Collaborative Economy and EU law Hart Publishing 2018

Assessment methods and criteria

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.