Descriptive summary This curricular unit aims to give students a clear and practical knowledge of how, today, different branches of legal science apply to the digital media that accompany us daily. With this aim, it is intended to involve the student, capturing his attention to various aspects that are related, in particular, to the current issues of personality rights, privacy, hiring at a distance, and security and confidence of the businesses celebrated by the Internet, with the rights of the consumer, still with the rights and duties of those who browse the social networks. Students will have to be able, in short, to identify, analyze, distinguish and interpret each of the aspects to be addressed in the sessions according to the program content and, in the end, they will have to be able to identify them in the real situations that will be discussed and perceive their relevance in the discipline of electronic relations.
Objectives and expected learning outcomes 1. To make students aware of essential and basic concepts of law, namely, the concept of rights, civil and contractual liability; 2. Understand the relevance of law in the orientation and discipline of different electronic relationships; 3. Understand, in brief, guidelines of the Portuguese courts; 4. Understand the essential role of different national institutions, namely the National Data Protection Commission;
Skills to be developed 1. To recognize the Law as essential in the discipline of the digital world; 2. Know the rights and obligations of netizens and administrators and responsible for sites; 3. Apply the legislation to the reality of companies and institutions, public and private sector; 4. Know and understand the relevance of the legislation in force, in particular, in the protection of the consumer and the recognition of the value of personal data. 5. Understand the essentiality of values such as legal security and trust vs. business interests.
Programme
1. Digital Law - as a new discipline and approach to legal issues in the digital world
1.1. The concept of digital law - a new branch of legal science or a branch composed of classical legal knowledge?
1.2. Some branches especially considered in a digital perspective: criminal law, civil law, consumer law and labor law - the defense of the essential values of the human being, the protection of commercial relations, consumer protection, the protection of the rights and duties of workers and employers
1.2. Approach to real cases - Portuguese case law - and discussion of its resolution.
2. E-commerce - rights and duties of consumers and businesses
2.1. Portuguese planning
2.2. Electronic communications - Protection and processing of personal data - Legal Regime of Electronic Commerce and successive changes
2.3. Approaching real cases and discussing their resolution
3. Protection of personal data - the requirement of "new" Community legislation and the challenges imposed by national law
3.1. The primacy of EU legislation: a critical analysis of the reality of the Portuguese business fabric. Specifically, the RGPD - "REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016
3.2. The current Portuguese legislation and regulatory guidelines
The Law of Protection of Personal Data and successive changes
The role of the National Data Protection Commission and the future control entity
3.3. Approach of real cases and discussion of their resolution.
Demonstration of the syllabus coherence with the curricular unit's learning objectives
The UC intends in a practical and very dynamic way to highlight the legal aspects as essential elements and instruments in the success of any project implemented or to be implemented in the digital MKT area
Therefore, the programmatic contents - although extensive - will offer concepts and very concrete orientations and always with the intention of allowing the student to associate the one desired by the legislator or the entities responsible for the regulation of the area, to the demands of the day to day.
In addition, the students will be required to give birth to an applicable idea in a real setting.
Main literature
José Gaspar Schwalbach;Direito Digital, Almedina, 2021. ISBN: 978-972-40-9491-5
Filipa Matias Magalhães e Maria Leitão Pereira;Regulamento Geral de Proteção de Dados, 3.ª edição, Vida Económica, 2020. ISBN: 9789897686801
Pedro Dias Venâncio;Lições de Direito do Cibercrime E da tutela penal de dados pessoais, Editora D'Ideias, 2022. ISBN: 978-989-53653-4-0
Supplementary Bibliography
Eduardo Magrani;Entre dados e robôs: Ética e privacidade na era da hiperconectividade (Pautas em Direito Livro 5) (Portuguese Edition), Arquipélado Editorial, 2019. ISBN: 978-8554500290
Mário Antunes, Baltazar Rodrigues;Introdução à Cibersegurança - A Internet, os Aspetos Legais e a Análise Digital Forense, FCA, 2018. ISBN: 9789727228614
Learning Methods
The contents of this curricular unit will be presented in theoretical-practical classes, which combine the theoretical exposition with the discussion of practical cases and the resolution of application exercises. In the course of the classes, the students will be encouraged to express their understanding about the exposed contents.
Assessment Components
Avaliação distribuída com exame final
Assessment Components
Description
Type
Time (hours)
Conclusion Date
Attendance (estimated)
Lessons
45
Assessment
Teste/Exame
3
Group work
Projectos
19
Participation during classes
Participação Presencial
12
Study
Teste/Exame
81
Total:
160
Continuous Assessment
Two written, individual tests: 30% each Written work and individual or group presentation - 35% Individual participation during the theoretical-practical sessions - 5%
According to the General Regulation: 1. The actual presence of the students in the classes will be registered and, if the number of absences per student exceeds 30% of the total number of contact sessions provided for each course unit, it will automatically be transferred to the final evaluation of the normal period. 2. In the tests and in the defined evaluation elements it is necessary to obtain a minimum grade of 7.5 values. 3. If the student is absent or has a grade lower than 7.5 points in the tests or evaluation elements referred to in the previous number, he will be automatically transferred to the final evaluation of the normal season. 4. If the student is absent or gets a grade lower than 7.5 points in the second written test (held on the same date as the final written test of the normal time), he / she may apply for evaluation at the time of appeal.
Final Exam
Individual written test: 100%
Demonstration of the coherence between the teaching methodologies and the learning outcomes
The content will be the object of an oral presentation always accompanied by slides in the classroom. In addition, relevance will be given to the investigation of the subjects by the students and to the discussion of very practical situations. At the same time, students will be challenged to develop a project in the area studied, always with the perspective of legal and regulatory requirements.