B0269 - LABORATORIO EU.C.L.I.D.E. – DIRITTI E TUTELE DIGITALI

Course Unit Page

SDGs

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.

Peace, justice and strong institutions

Academic Year 2022/2023

Learning outcomes

The EU.C.L.I.D.E. Lab is funded by the European Commission in the context of the Jean Monnet Module project "European Contract Law in Digital Environments (for citizens empowerment)" and consists of two rounds of seminars (or mini-courses) complementary to the Masterclass in European Contract Law held by Prof. Chiara Alvisi. The two mini-courses address dispute resolution in the digital environment (MOD. 1 - Online Dispute Resolution of 10 hours) and online personal data protection (MOD. 2 - Online Data Protection of 10 hours).

The objective of the Lab is to provide participants with insights into the most relevant aspects of users’ rights protection in the use of major digital platforms, both from the perspective of the consumer and the small or medium-sized business. The issues will also be framed in the context of the new European Digital Strategy 2020-2024.

At the end of the Lab, students will be able to: (i) understand the differences between the main tools for online dispute resolution, including those regulated by EU law and self-regulatory tools adopted by large digital platforms; (ii) understand the essential features of the EU law on the protection of personal data online and recognize the main critical issues related to the processing of personal data by the very large digital platforms used in the everyday life; (iii) take an active role in assessing the transparency and corporate social responsibility of large digital platforms, so as to take full advantage of innovation and safeguard fundamental EU value such as fairness, pluralism, democracy and security. In addition to enrolled students, the Lab will also be open to professionals and the general public.

Course contents

MOD. 1 - Online Dispute Resolution (5 lectures by Dr. Angela Maria Felicetti): i) introduction to the constitutional framework of reference in Italy and Europe for the extra-judicial resolution of disputes; ii) structure and basic characteristics of the main A.D.R. instruments (negotiation, mediation and arbitration) in European and Italian law, with a focus on the issues related to the use of technologies in these procedures; iii) introduction to dispute resolution in digital markets and analysis of the European discipline on O.D.R. (in particular Regulation 524/2013/EU) and UNCITRAL 2017 Technical Notes on ODR; iv) analysis of new EU legislative initiatives on dispute resolution and technology (Regulation 1150/2019/EU and the Digital Service Act Proposal); and v) case studies on O.D.R. in e-commerce and content moderation on social media.

 

MOD. 2 - Online Data Protection (5 lectures by Dr. Francesco Boldrin): i) digital privacy (the protection of personal data in the European Digital Single Market; the notion of privacy: the right to privacy in the strict sense and the right to protection of personal data); ii) online data protection: introduction to the GDPR (the relevant notions and principles: the definitions of 'processing' and 'personal data'; the main subjective figures outlined by the GDPR; the objective and territorial scope of the GDPR; lawfulness, fairness and transparency of processing; the principle of accountability; data protection by design and by default); iii) the principle of transparency and the privacy policies of websites (the content and form of direct and indirect policies; examination of practical examples of privacy policies; automated decision-making and profiling); iv) the rights of the data subject: cognitive rights and control rights (focus on right of access, right to erasure, right to be forgotten and right to de-indexing); v) digital identity and electronic body: post-mortem privacy and digital inheritance (analysis of the terms of service of some digital platforms; examination of art. 2terdecies of Italian Privacy Code; analysis of domestic and foreign case law).

Readings/Bibliography

Teaching materials (i.e. recommended readings, legislative material and regulatory acts, privacy policies and contracts that will be discussed in class) will be made available on the Lab’s page on virtual.unibo.it

Teaching methods

Each lecture includes seminar moments for discussion among the participants on the topics covered.

Assessment methods

Attendance to at least 80% of the classes is mandatory for students who want to be awarded ETCS credits. The level of active participation in class will also be assessed.

Teaching tools

Teaching tools include: slides, academic journal articles, and also newspapers articles and videos on relevant current topics to stimulate discussion among participants.

Office hours

See the website of Francesco Boldrin

See the website of Angela Maria Felicetti