Course 2024-2025

Digital and private law [DROIB339]

  • 3 credits
  • 30h
  • 2nd quarter
Language of instruction: French / Français

Learning outcomes

Knowledge of mechanisms and rules specific to the digital environment. Reflection on the application of legal rules to innovative contexts and changing realities, and the impact this must have on the role of the lawyer. Openness to technological issues and the ability to integrate technological elements into the work of the lawyer.

Objectives

At the level of subject-specific skills - acquire the necessary reflexes to implement the law in a technological environment; - analyse technological resources with a critical and constructive eye; - mobilise knowledge from different subjects studied previously or concurrently and project it into a digital context; - renewing legal issues by taking the full measure of their transformation in the digital world; - apply theoretical knowledge to practical situations in the digital context. In terms of soft skills - work independently by investing in a "flipped classroom" type of pedagogical approach based on practical cases and documentation provided by the teachers; - develop a sense of field investigation by studying the different models proposed by the digital economy and the legal issues they raise; - working and thinking in groups ; - become familiar with the language and reasoning of experts (lawyers, computer scientists, etc); - establish links between legal and non-legal reasoning; - become familiar with the work and thoughts of non-lawyer professionals; - develop personal reflections on the understanding of particular practical situations in the light of known legal principles; - Present personal opinions and argue to defend one's point of view; - opening up to the world, especially the world of technology.

Content

The course is structured around two major components: (i) contract law relating to digital technologies (15 hours) and (ii) the law of digital activities (15 hours). It will focus on several themes selected according to current developments, which will enable us to address the major legal issues and questions related to digital technology in the context of private law. This will be studied: • Contracts and IT : Most companies and organisations are in the process of digitalising their businesses and processes. They therefore initiate numerous IT projects in order to develop tools, ensure their maintenance, organise the provision of these tools internally and/or externally, enhance the value of the tools and acquire expert services. The implementation of these projects requires the conclusion and execution of contracts. The incorporation of the technological dimension has led to the development of a particular practice and jurisprudence in the application of the general principles of the law of obligations. The course will thus address some practical issues raised by the principles of the law of obligations in the context of IT contracts: the formation of IT contracts, evidence in IT contracts, risk management in IT contracts, multi-party projects, exit from IT contracts). • Digital Business Law This part of the course aims to discuss current activities on digital networks. The aim is to identify the legal issues raised by these activities, to assess the responses to them in current law and their weaknesses, and to consider potentially more appropriate responses in the future. For example, in previous academic years, the following activities were discussed • The issues raised by the NFTs • Data ownership issues in the digital environment • Issues related to the respective responsibilities of platforms and their users in relation to protected content • Issues related to the production of works by artificial intelligence • Liability issues related to the Wikipedia platform • Issues related to the production and dissemination of mixed reality and fiction stories on social networks • The questions raised by the Deepfake. • The role of influencers on social networks


Teaching methods

The course involves active participation by students. It is given in class or, if necessary, by distance learning. It may use the flipped classroom method. Students will be invited to examine independently the sources provided by the teachers before the lesson, in order to be able to participate actively in the debate that may take place during the lesson. In addition, the course may also include case presentations or negotiation exercises by students. In general, this course will lend itself to personal investigation by students. For example, it could involve identifying service delivery models or contract models that might be suitable for case studies. It could also involve presenting or commenting on a type of activity or a model of content delivery on digital networks. Where appropriate, students will be required to complete assignments via the homework tool on webcampus. In addition, the teachers reserve the right to invite experts, in particular colleagues, to deal with certain topics that fall within their speciality

Evaluations

Subject to modification according to circumstances, the assessment will take the form of a written examination, either face-to-face or remote (in principle, via Webcampus). However, it may take the form of an oral examination, in whole or in part, either face-to-face or remote, in accordance with the indications that will be provided in due course by the teachers. The examination is normally held in May-June and/or August-September, subject to change. Like the course, it will be oriented towards the practical application of legal reasoning. The assessment may also take into account the student's participation in the lessons and the assignment(s) they were required to hand in during the teaching period.

Recommended readings

• BAC + Economic Law Code • Documents made available on Webcampus: doctrine or general information articles, contracts, videos, or other informational content; links to documents of the type mentioned above.

Language of instruction

French / Français

Location for course

NAMUR

Organizer

Faculté de droit
Rue de Bruxelles, 61
5000 NAMUR

Degree of Reference

Undergraduate Degree