E-commerce law [DTICM313]

Learning outcomes

At the end of the course, students should be able to identify the rules specifically applicable to IT contracts and ecommerce law, while applying them to concrete cases. An adapted pedagogy is thus put in place, so as to stimulate critical thinking, creativity and autonomy of the students in their learning of the subject (through the resolution of practical cases, the negotiation of contracts, the drafting of general conditions of an Internet site, etc.). The aim is to train students in the issues of contract law and economic law raised by the use of information technology. It is assumed that students already have a basic knowledge of the classical subjects, the aim being to highlight the differences that result from the use of digital technology, with the adoption of differentiated measures (and their ratio).

Objectives

The objective of the course is the rigorous mastery of the learning outcomes by the student.

Content

The course is structured in five parts (not necessarily seen in this order): 1. IT contracts This first part is devoted to IT contracts. It is no longer the way in which the contract is concluded that is specific (as is the case for e-commerce), but its subject matter: contracts relating to the acquisition of IT supplies - software and hardware - , to their maintenance, to the outsourcing of which they may be the subject, etc. All stages of the contractual process are covered: from negotiation to dissolution of the contract (with obligations that may persist beyond that). 1. Online advertising The objective of this part is to study the rules specifically applicable to advertising on networks (websites, e-mail, social networks, etc.), with the help of numerous illustrations, while insisting on more recent practices (e.g. e-mail appending) and the links that must exist with other matters (especially the protection of personal data). 1. Conclusion of contracts by electronic means This part examines the rules specifically adopted due to the conclusion of distance and electronic contracts (as contained in Books VI and XII of the Code of Economic Law), at all stages of the contractual process: reinforcement of information obligations, granting a right of withdrawal, prohibition of certain payments, etc. It also analyses the methods used to remove the main or secondary formal obstacles to the conclusion of contracts by electronic means (concerning electronic signature, electronic archiving, durable medium, etc.). Finally, more specific issues, such as e-invoicing, e-payments, mobile commerce, protection of minors, digital content and services, etc., are examined. 1. Accountability and ICTs This fourth part contains two sections, one devoted to the liability of content publishers and the other to the liability of intermediary service providers. The latter benefit from an exemption from liability (subject to conditions), in accordance with Book XII of the Code of Economic Law. These rules are examined in the light of recent case law, at European or national level. 1. Cross-cutting module In this last part of the course, the objective is to analyse the main legal questions raised by a recent phenomenon in the IT field. Examples include artificial intelligence, blockchain and sustainability.