esade

Risks, Regulation & Strategic Compliance (2235.YR.015085.2)

General information

Type:

OBL

Curs:

1

Period:

S semester

ECTS Credits:

3 ECTS

Teaching Staff:

Group Teacher Department Language
Year 1 Marta Baylina Mele Derecho ENG

Prerequisites

N/A

Previous Knowledge

N/A

Course Learning Objectives

Learn the legal basics of the following topics to be able to perform a good risk assessment and set a good compliance strategy:
- Digital identity
- E-commerce and the Digital Services Act
- Blockchain
- Smart-Contracts
- Artificial Intelligence
- Intellectual property (patents, trade secrets, trademarks, designs, copyrights)
- Software protection
- E-procurement

CONTENT

1. Digital Identity

Digital identity. Digital Reputation. Dealing with the crisis in social media. Basic legal aspects of e-commerce.

2. E-commerce

Basic legal aspects of e-commerce (c¿ed): Liability of service providers acting as intermediaries. Basic aspects of the Digital Services Act.

3. Legal Basics of Blockchain

4. Case Study

5. Artificial Intelligence

AI. The transparency problem: The right not to be subject to a decision based solely on automated processing. The right to an explanation. Potential Impact on Fundamental Rights: bias and inequality. European proposal for an AI Regulation. Legal issues about data mining.

6. Intellectual Property Rights

Types of Intellectual Property and their role in the digital business: understanding trademarks, copyrights, industrial designs, patents and trade secrets.

7. Patents v. Trade Secrets (Know-How). Software protection.

Case study about patents v. trade secrets. Software: how to protect the code, the functionality, the GUI, the algorithms. Reverse Engineering: storming the castle.

8. Software Agreements

Contracts and licenses. Software license agreements: key aspects. Understanding Open Source.Proprietary Commercial License v. Open Source License. Choosing an Open Source License. Working with the GPL: understanding the terms of the debate. Thinking about derivative works.

9. E-procurement: key negotiation points in tech contracts:

Tech Maintenance Agreements, Tech Outsourcing, and Design, Installation and Support of complex Tech software and hardware systems.

10. Smart Contracts

Assessment criteria

Class participation: 15 %
Resolution of hypothetical: 25 %
Final Exam (test): 60 %

Bibliography

It will be published in Moodle.

Timetable and sections

Group Teacher Department
Year 1 Marta Baylina Mele Derecho

Timetable Year 1

From 2024/2/13 to 2024/3/8:
Each Tuesday from 10:30 to 12:00. (Except: 2024/3/5)
Tuesday and Friday from 8:45 to 10:15. (Except: 2024/2/16, 2024/2/23, 2024/3/1 and 2024/3/5)

From 2024/3/8 to 2024/3/19:
Tuesday and Friday from 10:30 to 12:00. (Except: 2024/3/15)
Each Tuesday from 8:45 to 10:15.

From 2024/4/2 to 2024/4/17:
Each Wednesday from 8:45 to 12:00. (Except: 2024/4/3 and 2024/4/10)
Each Tuesday from 10:30 to 12:00. (Except: 2024/4/16)
Each Tuesday from 8:45 to 10:15. (Except: 2024/4/16)