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.
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.
The course is structured around two main areas: (i) contract law relating to digital technologies (15 hours) and (ii) the digital transformation of justice (15 hours).
It will focus on several topics selected on the basis of current developments, enabling students to address the major legal issues and challenges associated with digital technology within the framework of private law.
The following topics will be studied:
· Contracts and IT:
Most companies and organizations are in the process of digitizing their businesses and processes. They are therefore initiating numerous IT projects to develop tools, maintain them, organize their availability internally and/or externally, promote them, and acquire expert services.
The implementation of these projects requires the conclusion and execution of contracts. The incorporation of the technological dimension resulted in the development of specific practices and case law in the application of the general principles of contract law.
The course will therefore address a number of practical issues raised by the principles of contract law where applied to IT contracts: the negotiation and execution of IT contracts, evidence in IT contracts, risk management in IT contracts, multi-party projects, and termination of IT contracts.
· The Digital Transformation of Justice
This process of digitalization, initially limited to financial and commercial operations, has gradually expanded to all areas of social life. The role of technology in our society has evolved exponentially, taking on an increasingly important place in aspects of our lives that are no longer professional or economic in nature.
This phenomenon has also reached the public sector, and the justice system itself is becoming less and less resistant to it, particularly since the health crisis linked to the COVID-19 pandemic.
Beyond purely technical considerations, this digital push has already led to several changes observed both in conflict resolution and in the administration of justice. The extension of digital logic to the fields of law and justice is inevitable, as “justice is a reflection of society.”
In this context, the second part of this course is part of a broader reflection on the role of justice in a digitalizing society and on the balance to be struck between digital efficiency and fundamental rights protected by judicial procedures, particularly the right to a fair trial, which underpins them.
European instruments, such as the General Data Protection Regulation and the forthcoming regulation on artificial intelligence, will be studied, along with systems implemented abroad, in order to offer a comparative perspective.
Finally, collaboration between legal, technological, and business professionals will help achieve this balance. This course will therefore be conducted with an interdisciplinary and open approach, with the aim of providing those enrolled with critical analysis tools to understand and assess the challenges associated with the digital transformation of justice.
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
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.
• 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.
| Training | Study programme | Block | Credits | Mandatory |
|---|---|---|---|---|
| Bachelor in Law | Standard | 0 | 3 | |
| Master in Management, Professional focus in Digital Enterprise Transformation | Standard | 0 | 5 | |
| Bachelor in Computer Science | Standard | 0 | 4 | |
| Master in Management, Professional focus in Digital Enterprise Transformation | Standard | 1 | 5 | |
| Master in Management, Professional focus in Digital Enterprise Transformation | Standard | 2 | 5 | |
| Bachelor in Computer Science | Standard | 2 | 4 | |
| Bachelor in Law | Standard | 3 | 3 |