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.
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.
Canali
teacher profile teaching materials
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 rights.
B) 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
C) Thematic deepening: The "smart contract" between legal system and computer code.
Programme
A) 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 rights.
B) 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
C) Thematic deepening: The "smart contract" between legal system and computer code.
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 (90%). Court's cases and business use cases (10%).Attendance
Not compulsory.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. Particular attention is paid to the issue of the framing of the so-called "smart legal contract" in the legal system. The formulation of the final judgment takes place according to the following evaluation criteria: - Failure to pass the exam: the candidate does not demonstrate sufficient knowledge of the basic concepts. - From 18 to 21 (Sufficient level): the candidate demonstrates sufficient knowledge of the basic concepts by formalizing them in simplified language. - From 22 to 24 (Discrete level): the candidate demonstrates a good knowledge of the basic concepts by formalizing them correctly. - From 25 to 26 (Good level): the candidate demonstrates a very good knowledge of the basic concepts by formalizing them correctly and consciously. - From 27 to 29 (Very good level): the candidate demonstrates a deep knowledge of basic concepts by formalizing them in a fluid way and linking them autonomously also in the evaluation of concrete cases. - From 30 to 30 laude (Excellent level): the candidate demonstrates a very deep knowledge of the basic concepts formalizing them with language properties and linking them autonomously and critically also in the evaluation of concrete cases. teacher profile teaching materials
1. Private Law and Public Law
2. Sources of Private Law
3. Facts, Acts, and Legal Effects
4. Subjects
5. Legal Assets and Property
6. Obligations
7. Contracts
8. Contracts. Sales and Consumer Contracts
B) Special part: digital private law:
1. Digital Rights
2. The Problem of the Legal Subjectivity of Machines
3. Electronic Documents and Electronic Signatures
4. Person, Identity, and Tools in the Data Society
5. Online Contracting
6. Minors and Digital Consent
7. The Digital Services Act and Provider Responsibility
8. Content Circulation: Fake News and Hate Speech
9. Advertising in the Digital Dimension
10. The Digital Markets Act
11. Dependence on the "Digital" Economy
12. Data Sharing
13. The Regulation of Artificial Intelligence
14. Blockchain Technology
15. The Crypto-Asset Market
16. Smart Contracts
17. The Regulation of Online Copyright
C) Thematic analysis:
-Private (digital) law for minors (replacing chapter 6, special section)
-Smart contracts between legal system and computer code (replacing chapter 16, special section)
- Ettore BATTELLI, Diritto Privato. Fondamenti, Milano, Le Monnier – Mondadori, 2026, pp. 1-440 ([esclusi cap. XII, XIII e XIV])
B) SPECIAL SECTION: Private Law in the Digital Age [Final Oral Exam]
-Ettore BATTELLI (a cura di), Diritto privato digitale, Giappichelli, Torino, 2024.
-Francesco LONGOBUCCO, Utopia di un'autonoma Lex Criptographi(c)a e responsabilità del giurista, Edizioni Scientifiche Italiane, Napoli, 2023
To follow the lessons it is essential:
A. DI MAJO (eds), Codice Civile, Giuffrè, Milano, last edition.
G. PERLINGIERI e M. ANGELONE (a cura di), Codice civile, ESI, Napoli, last edition
Programme
A) General part: the elements of private law:1. Private Law and Public Law
2. Sources of Private Law
3. Facts, Acts, and Legal Effects
4. Subjects
5. Legal Assets and Property
6. Obligations
7. Contracts
8. Contracts. Sales and Consumer Contracts
B) Special part: digital private law:
1. Digital Rights
2. The Problem of the Legal Subjectivity of Machines
3. Electronic Documents and Electronic Signatures
4. Person, Identity, and Tools in the Data Society
5. Online Contracting
6. Minors and Digital Consent
7. The Digital Services Act and Provider Responsibility
8. Content Circulation: Fake News and Hate Speech
9. Advertising in the Digital Dimension
10. The Digital Markets Act
11. Dependence on the "Digital" Economy
12. Data Sharing
13. The Regulation of Artificial Intelligence
14. Blockchain Technology
15. The Crypto-Asset Market
16. Smart Contracts
17. The Regulation of Online Copyright
C) Thematic analysis:
-Private (digital) law for minors (replacing chapter 6, special section)
-Smart contracts between legal system and computer code (replacing chapter 16, special section)
Core Documentation
A) GENERAL PART: Elements of private law. [Intermediate written exam]- Ettore BATTELLI, Diritto Privato. Fondamenti, Milano, Le Monnier – Mondadori, 2026, pp. 1-440 ([esclusi cap. XII, XIII e XIV])
B) SPECIAL SECTION: Private Law in the Digital Age [Final Oral Exam]
-Ettore BATTELLI (a cura di), Diritto privato digitale, Giappichelli, Torino, 2024.
-Francesco LONGOBUCCO, Utopia di un'autonoma Lex Criptographi(c)a e responsabilità del giurista, Edizioni Scientifiche Italiane, Napoli, 2023
To follow the lessons it is essential:
A. DI MAJO (eds), Codice Civile, Giuffrè, Milano, last edition.
G. PERLINGIERI e M. ANGELONE (a cura di), Codice civile, ESI, Napoli, last edition
Attendance
Not mandatory, but recommendedType of evaluation
The assessment of learning takes place through an oral test assessed by the minimum mark of 18/30, corresponding to the basic knowledge of all parts of the program and of the technical language, to the maximum mark of 30/30 with honors, which is equivalent to excellent mastery of the topics, appropriate or excellent property of language, appropriate or excellent analytical ability and practical resolution of legal issues. In order to verify the level of achievement of the indicated educational objectives, attending and non-attending students will have to answer at least three questionsasked orally on different topics which are the subjects of the program, with reference to the recommended texts and to the lectures held. An intermediate test is planned for the private part of the course relating to the "Fundamentals of Private Law".