| CODE | MCT3005 | ||||||||
| TITLE | Introduction to European Regulation of the Digital Market | ||||||||
| UM LEVEL | 03 - Years 2, 3, 4 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | 6 | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | Media, Communications & Technology Law | ||||||||
| DESCRIPTION | The traditional core function of the European Union, namely the creation of a Single Market that shall neutralize national borders between the Member States and foster a wide economic cooperation within the continent, is undergoing a major transformation. Digital technologies and, most prominently, the Internet, are now making the realization of the Single Market both an opportunity and a challenge. An opportunity, because they defy, by definition, the traditional limitations of physical economic activities: they are borderless, they are easily scalable, they are cost-effective, they are multinational and highly adaptable to both regional and local markets, they are disruptive, to name but a few of their basic traits; these are all traits that support the creation of a borderless market, like the one envisaged at EU level. They also bring with them the potential of economic growth and, therefore, prosperity for the citizens of the Union. At the same time, nonetheless, they pose a challenge, as the widespread commercial application of digital technologies comes with its own risks: traditional markets are disrupted with unprecedented consequences for the existing economic actors; consumers face new products and services, the vices and virtues of which they are not equipped to properly understand and make sense of; small and medium sized enterprises witness the evaporation of their profit margins; huge multinational corporations, located outside of the EU, define the economic activity within the Union; the power imbalance between digital service providers, on the one hand, and physical retailers on the other, grows bigger; fundamental rights of EU citizens face new and unprecedented challenges. EU policies seek to strike a delicate balance between the need to foster innovation and to encourage the digitalization of the Single Market, on the one hand, and the proclaimed Union promise to secure core rights of the Union's citizens on the other. In that sense, the EU needs to interfere with the digitalization of the Single Market, by adopting legislative initiatives that both encourage digital entrepreneurship and, at the same time, create checks and balances that allow EU citizens to participate in the digital era without the fear of compromising their legal, economic and personal status. This study-unit introduces students to the EU regulation of the Digital Single Market. It presents the development of the digital strategies of the EU, the interplay between the different stakeholders and the legislative initiatives that aim to secure the digital future of Europe. Detailed breakdown of the topics: 1.- The involvement of the EU in the regulation of digital activities 1.1.- Core EU initiatives: Europe 2020 - A strategy for smart, sustainable and inclusive growth 1.2.- The Digital Single Market strategy 1.3.- The Digital Services Act (DSA) package 2.- Core existing regulatory measures 2.1.- The E-Commerce Directive 2.2.- The Consumer Rights Directive 2.3.- The Digital Content Directive 2.4.- The Geoblocking Regulation 2.5.- The P2B Regulation 2.6.- Elements of EU Competition Law 3.- A look into the future: The DSA and DMA package Study-Unit Aims: This study-unit will familiarize students with the policy and regulatory initiatives of the EU with regard to the creation, establishment and development of the Digital Single Market. It will first introduce the policy discussions and the policy materials published at EU level, in order to offer the necessary background knowledge to the students. It will then proceed with an overview and systematic analysis of the key legislative acts, such as the E-commerce Directive, the Consumer Rights Directive, the Digital Content Directive, the Platform to Business Regulation etc.. The students will not only become familiar with the key legislative landscape that regulates the Digital Single Market, but they will also be in a position to systematically interpret its provisions and identify the internal structure and logic that connects the different legislative pieces, being thus in a position to form teleological arguments and provide relevant advice and guidance. The study-unit will also introduce the Digital Services Act package, which will allow students to have insights into the future development of the Digital Single Market and reflect on the upcoming changes to EU Digital Law. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - Identify the rationale behind the involvement of the EU in the regulation of the Internet and other emerging technologies - Explore the power imbalance created within the digital environment between big digital companies on the one hand, and small and medium sized enterprises and consumers on the other - Illustrate the necessity of regulating the digital aspects of the Single Market - Identify and interpret the major legislative acts of the EU within the Digital Single Market 2. Skills: By the end of the study-unit the student will be able to: - Appraise the EU legislative initiatives in the area of Digital Single Market - Interpret and process legal texts and materials relevant to the EU Digital Single Market - Identify and process the core EU case law in the area of the EU Digital Single Market - Provide legal advice in legal cases related to EU Digital Law - Locate and investigate policy papers related to the regulation of the Digital Single Market - Discuss future developments related to the Digital Single Market Main Text/s and any supplementary readings: Main Texts: - Lodder R.A., Murray A. (2017), EU Regulation of E-Commerce (Edward Elgar Publishing). - Lohsse S., Schulze R., Staudenmayer D. (2017), Contracts for the Supply of Digital Content: Regulatory Challenges and Gaps (Hart Publishing-Nomos). - Schulze R., Staudenmayer D. (2020), EU Digital Law: Article-by-Article Commentary (Hart Publishing). - Savin A., (2020) EU Internet Law (3rd ed.) (Edward Elgar Publishing). Supplementary Readings: - Reich N., Micklitz H.W., Rott P., Tonner K. (2014), European Consumer Law (2nd edition) (Intersentia Publishing). - Lohsse S., Schulze R., Staudenmayer D. (2020), Data as Counter-Performance - Contract Law 2.0? (Hart Publishing-Nomos). |
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| STUDY-UNIT TYPE | Lecture and Independent Study | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Ioannis Revolidis Mireille-Martine Sant (Co-ord.) |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
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