Learning outcomes

This course aims to familiarise students with the legal and ethical context of new information and communication technologies. At the end of this course, students will be able to

  • Analyse technological resources with a critical and constructive eye;
  • Apply theoretical knowledge to practical situations in the digital context;
  • Develop a sense of empirical analysis by studying the different models proposed by the digital economy and the legal issues they raise;
  • Work and reflect in groups;
  • Become familiar with the language and reasoning of experts (lawyers, computer scientists, etc.);
  • Make connections between legal and non-legal thinking;
  • Developing personal reflections and arguing to defend one's point of view.

Goals

The objective of the course is to make students aware of some fundamental issues of ICT, so that they acquire the necessary reflexes to implement the law in a technological environment. In this context, the course focuses on the following two main themes:

  • Knowledge of mechanisms and rules of law specific to the digital environment;
  • Reflection on the application of legal rules to innovative contexts.

Content

After a brief general introduction to Law and to the Belgian legal system, the core legal issues pertaining to ICT Law will be presented, namely:

  • Personal data protection and the undertaking (personal data protection, cyber surveillance of employees);
  • Intellectual property in a digital age (panorama of the various rights, copyright, specific protection regimes for software and databases, trademarks, protection of domain names);
  • E-commerce (online advertising, online contracts, contracts with Cloud services providers, proof in an online context, liability in the digital world);
  • Data and the Law (public data and private data sharing,use of algorithmes by judges).

Assessment method

Material covered by the evaluation: The evaluation covers all the material presented during the course.

Nature of the evaluation: Oral examination

Characteristics of the evaluation: The evaluation is a closed book evaluation. The student may, however, bring with him/herself all the legislative texts studied during the course. These may be highlighted, but not annotated (only article to article cross-references are permitted). Post-it notes are allowed as long as they do not contain any indications (with the exception of the title of the legislation). Case law decisions and other documents used during the course are not allowed.

The examination is in the form of a questionnaire containing a case study and two open questions. The student has about fifteen minutes to prepare his/her answers. The student then presents his/her answers for about fifteen minutes. Additional questions may be asked, requiring an answer without preparation.

Sources, references and any support material

H. Jacquemin et T. Tombal (coord.), Chronique de jurisprudence en droits des technologies de l’information: 2018-2020, numéros spéciaux de la R.D.T.I., nos 82-83, Bruxelles, Larcier, 2021 (specifically the chapters “Contrats de l’informatique et commerce électronique” ; “Droits intellectuels” and “Droit au respect de la vie privée et à la protection des données en lien avec les technologies de l’information”).

Language of instruction

Français