21210230-1 - Fondamenti giuridici della digitalizzazione – Modulo 1

Legal foundations of digitalisation (IUS/01 – IUS/09 – 12 hours)

The course is basic and therefore no prerequisites are required.

It deals with the study of the fundamental legal principles and categories that revolve around the phenomenon of the digitization of society, the development of Artificial Intelligence, Big Data, Digital Coins and Crypto-assets, Blockchain and Smart Contracts.

This with particular regard to the sources of private and public law, to the technological innovation, to the organization of relations on the Internet and in online-markets.

In Private Law lessons will focus on the main legal problems of the digitalization through the basic categories of the fundamental rights, subjects and juridical situations, objects, autonomy of parties, specific contracts and liability.

In Public Law the aim of the course itself is to provide students with an overview of the main issues of public relevance in particularly advanced technological sectors, which are often not yet specifically regulated. The legal aspects related to the spread of new technologies, with particular reference to the sources and legal consequences of the development of Artificial Intelligence, Big Data, as well as of the Virtual Currencies and Blockchain, will be explored.

It will be also investigated the structure and the effects of online democracy, i.e. that form of participatory and/or direct democracy, which makes use of modern information technologies and the legal problems posed by the collection, interconnection and the use of large amounts of information, with regard to the right to the privacy and data security.
teacher profile | teaching materials

Programme

General part: the elements of Private Law

1) Private Law and Public Law
2) The sources of Private Law
3) Facts, acts and legal effects
4) The subjects
5) Acts: the contract and its essential discipline. Outline of the concept of obligation.
6) Liability
7) Legal assets and property


Special part: Private Law in the digital era

1) The digital era. Informatics and law
2) Hardware, software and algorithms
3) Networks and Internet
4) From the right to privacy to the right to the protection of personal data
5) The evolution of the concepts of "document" and "subscription"
6) Electronic payments and digital currency
7) E-commerce
8) "Internet of Thing"
9) "Cloud computing" and "edge computing"
10) "Big Data"
11) "Blockchain" and "Smart Contract"
12) Artificial intelligence and robotics
13) "Internet Service Provider"
14) Deterritorialization
15) Destatualization
16) Dematerialization
17) Contract and technique







Core Documentation

Ask the Professor for English lectures.

Reference Bibliography

Ask the Professor for further lectures about specific issues.

Type of delivery of the course

Frontal lessons. Court's cases. Business use cases.

Type of evaluation

The exam consists of a final oral test aimed at verifying the knowledge of the basic categories of private law and the logic underlying them, as well as the attitude of the student in applying them in the contest of the digital era.