21830126 - European and Comparative Digital Law

Il corso fornisce agli studenti una comprensione approfondita del quadro normativo europeo in materia di digitale, con attenzione alle discipline su dati, piattaforme, intelligenza artificiale e cybersecurity. L’obiettivo è sviluppare la capacità di analizzare e confrontare le soluzioni giuridiche adottate in diversi ordinamenti, valutando l’impatto delle regolazioni digitali sui mercati e sulla governance transnazionale.
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Programme

Module 1 – Constitutional Foundations of European Digital Law
The digital sphere as a legal space of the internal market (Article 26 TFEU).
Founding values of the Union (Article 2 TEU) and fundamental rights (Article 6 TEU).
Legal basis for data protection (Article 16 TFEU).
Principles of conferral, subsidiarity and proportionality (Article 5 TEU).
Comparative perspective: U.S. and Chinese models of digital governance.

Module 2 – Personal Data Protection and Fundamental Digital Rights
The General Data Protection Regulation (GDPR): structure, principles (lawfulness, transparency, accountability), data subject rights, legal bases for processing.
Data protection as a fundamental right and as a competitive factor.
The “one-stop-shop” principle and cooperation between supervisory authorities.
Comparative perspective: sectoral U.S. approach; Chinese data governance model.

Module 3 – Digital Platforms, Freedom of Expression and Content Moderation
Liability of intermediaries: from the e-Commerce Directive to the Digital Services Act.
Transparency obligations, notice-and-action mechanisms, procedural safeguards for users.
Relationship with freedom of expression (Article 11 of the Charter) and the rule of law (Article 2 TEU).
Comparative perspective: the U.S. model (Section 230 CDA).

Module 4 – Digital Markets and Platform Power
The Digital Markets Act: notion of gatekeepers, obligations and prohibitions.
Legal basis within the internal market (Article 114 TFEU) and relationship with EU competition law (Article 3 TFEU).
Interoperability, access to data, prohibition of self-preferencing.
Comparative perspective: U.S. antitrust law.

Module 5 – Digital Contracts and Consumer Protection
Directives on digital content and digital services (Directive 2019/770) and on the sale of goods (Directive 2019/771).
Digital consent, dark patterns, personalized pricing.
Consumer protection as a cross-cutting principle (Article 12 TFEU).
Contract automation and smart contracts.
Comparative perspective: common law systems.

Module 6 – Artificial Intelligence: Fundamental Rights and Liability
AI Act: risk-based approach, prohibited systems, high-risk systems.
AI, human dignity and non-discrimination (Article 2 TEU).
Civil liability for AI-related damage (proposed directive).
Generative AI and intellectual property.

Module 7 – Non-Personal Data and Data Circulation
European Data Strategy.
Data Governance Act and Data Act.
Portability, access and sharing of industrial data.
Data as economic infrastructure of the internal market.

Module 8 – Cybersecurity and Digital Resilience
NIS 2 Directive.
Network security and corporate responsibility.
Cyber-risk and corporate governance.
European coordination in security matters (Article 4 TEU).

Core Documentation

They will be indicated at the beginning of the lectures.

Attendance

Attendance is recommended.

Type of evaluation

Assessment will consist of both a written and an oral examination, designed as complementary components. The written exam will evaluate the student’s ability to understand European digital law in a structured way and to apply it to concrete situations. Alongside a theoretical question aimed at assessing knowledge of the constitutional and systemic foundations of digital regulation, students will be required to analyze a practical case, identifying the rights and values involved, selecting the relevant legal sources, and formulating a reasoned solution. In this way, the written exam will assess not only acquired knowledge but also the ability to connect norms, principles, and real-world conflicts. The oral examination will deepen the assessment by testing critical understanding and independent reasoning. Through transversal and comparative questions, students will be expected to situate individual regulatory instruments within the constitutional framework of the Union, understand their impact on markets and fundamental rights, and discuss European regulatory choices in a comparative perspective. Overall, the evaluation will measure legal accuracy, systemic thinking, practical application skills, and critical maturity.