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).

Goals

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

Content

The course is structured into eight different modules (which are not necessarily covered in the order described below, and some may not be addressed due to time constraints).


Module 1: Protection of E-Commerce Service Providers

This section examines the rules that protect e-commerce service providers (online sales websites, apps, social networks, marketplaces, etc.) in the creation and offering of their services (freedom of creation, freedom of movement within the European Union, etc.).


Module 2: Protection of Recipients (including Consumers) of E-Commerce Services

This module focuses particularly on the rules applicable to the conclusion of contracts at a distance and by electronic means (as set out in Books VI and XII of the Code of Economic Law), covering all stages of the contractual process: enhanced information obligations, granting of a right of withdrawal, contract performance, legal guarantees, etc.


Module 3: Focus on the Specific Regulation of Platforms, New Players in E-Commerce

This section specifically addresses the legal framework applicable to the particular e-commerce services offered by online platforms (social networks, marketplaces, etc.). It especially covers the enhanced information and verification obligations they must comply with.


Module 4: Regulation of Online Advertising

The aim of this section is to study the specific rules applicable to advertising on digital networks (websites, emails, social media, etc.), using illustrative examples and placing emphasis on more recent practices (e.g., influencer marketing).


Module 5 – Summary Case Study: Designing an Online Pharmacy Website

This session explores issues related to the e-commerce of regulated goods, namely medicines. It will serve as an opportunity to apply the general rules to a specific case (online sale of medicines) and to combine them with the specific rules applicable to this type of commerce.


Module 6: Electronic Evidence

This section aims to analyze the established methods for overcoming formal (main or incidental) barriers to the conclusion of contracts by electronic means (related to electronic signatures, electronic archiving, etc.).


Module 7: IT Contracts

This section is dedicated to IT contracts. What is specific here is not the method of concluding the contract (as in distance contracts with consumers, for example), but its subject matter: contracts concerning the acquisition of IT supplies – software and hardware – their maintenance, the outsourcing they may involve, etc. All stages of the contractual process are addressed: from negotiation to termination (including obligations that may survive the end of the contract).


Module 8: Seminar – “E-Commerce Law Applied by Legal Practitioners”

This session will take the form of a meeting with lawyers expert in the fields studied.


Throughout the course, students will be encouraged to identify, among the rules studied, those that can be leveraged to combat the environmental impact of digital technologies.

Table of contents

The first slides of each module, and sub-modules where applicable, contain a detailed table of contents outlining the points that will be analyzed.

Exercices

Exercises are carried out directly during the courses, under the supervision of the teachers.

Teaching methods

The teaching method emphasises interactivity and the practical application of the rules studied (in the context of negotiating contracts, drafting contractual clauses, solving practical cases, etc.). At the same time, the teachers will ensure that the content elements, which are essential for understanding the subject, are provided, while insisting on the practical consequences of one rule or another.

Assessment method

An oral examination that focuses on the understanding of the material and its practical application. An out-of-session examination is offered to students end of October / early November. The oral examination is worth 15 out of 20 points. Student participation in lectures, especially in the last modules (after the October/November assessment) is also assessed (5 points out of 20).

Sources, references and any support material

Students are provided with detailed slides for all aspects of the subject (provided in advance of the course, on Webcampus). Students also receive, in a digital form on Webcampus, a compendium with the relevant legal provisions and the main case law decisions. Articles of doctrine may also be made available on the webcampus, if they wish to go into more detail.

Language of instruction

French