| CODE | MCT4005 | ||||||
| TITLE | Electronic Commerce Law | ||||||
| UM LEVEL | 04 - Years 4, 5 in Modular UG or PG Cert Course | ||||||
| MQF LEVEL | Not Applicable | ||||||
| ECTS CREDITS | 4 | ||||||
| DEPARTMENT | Media, Communications & Technology Law | ||||||
| DESCRIPTION | The study-unit is designed to act as an interface between IT law and commercial law and practice in that it examines in detail the sub-set of online transactions which are clearly commercial in nature. In broad terms, the topic of e-Commerce will be approached from the perspective of a start-up e-Commerce business in the consumer (B2C) environment, i.e. the types of issue that such a start-up would need to identify and address will be considered. Selected important issues facing a start-up will be considered – such as what a business might sell, where it might sensibly choose to sell it, and how it might go about selling it. Even for an e-Commerce business, there will often be broader legal considerations than simply those issues arising from the digital environment. For example, despite being the epitome of an e-Commerce business, Amazon still has to address legal issues relevant to the storing, processing and shipping of physical goods. Few e-commerce businesses have the luxury of being able to handle all their business affairs online. So while the study unit will be considering many of the ‘traditional’ e-Commerce issues, it will aim to at least note, where appropriate, that, for all the glamour of domain name and Adword disputes, e-Payment systems (including cryptocurrency and distributed ledger technology) and online arbitration, at the end of the day, an eCommerce operation often still has to address a set of very practical and pragmatic (and often contract-based) issues. The unit explores how legislators, regulators and business decision makers interact in their attempts to develop a coherent and flexible body of law and regulatory practice for an increasingly globalised electronic commerce environment. This will involve consideration of current and potential legal and regulatory strategies that can be used to achieve aims such as protection of consumers, provision of international dispute resolution, and development of alternative payment systems. The speed of technological innovation means that even as laws and regulatory practices are formulated, they are already under pressure from the next wave of development. The perspective will be international, with a focus on Maltese and EU developments. Readings will include materials drawn from, amongst others, UK and US law journals. Study-unit Aims: The primary aim of the stud-unit is to identify and discuss the principal legal and regulatory issues that emerge from electronic commerce. This is an important area of the law due to the growing importance of e-commerce for both business and consumers. The unit aims to provide an overview of the notion of electronic commerce and its technological context while engaging with specific issues in relation to, inter alia, the formation of electronic and web contracts, principles of jurisdiction and applicable law on the Internet, intellectual property rights on the Internet, the role and regulation of Internet intermediaries (Google, ebay etc), the requirement for system and transactional security and the special position of the consumer in on-line transactions. A further aim of the course is not just to provide knowledge of the relevant legal rules as they currently stand but also to encourage critical appraisal of them. This involves analysing and challenging the assumptions upon which the rules are based, and discussion of alternative regulatory possibilities. Learning Outcomes: 1. Knowledge & Understanding By the end of the study-unit the student will be able to: • discuss the principal characteristics of commercial Internet-based commerce; • examine the principal legal issues that emerge from commercial Internet-based transactions; • analyse the ways in which such commerce poses difficulties for application of traditional legal doctrine; • describe and analyse key national and EU rules addressing the above legal issues; • discuss the weaknesses and strengths of national and EU law on point; • evaluate ongoing developments in law relating to electronic commerce; • examine areas of doctrinal and political debate surrounding rules and theories; • draw on the analysis and evaluation contained in primary and secondary sources. 2. Skills By the end of the study-unit the student will be able to: • elucidate the principal national and EU rules governing the main legal issues that emerge from Internet-based commerce; • elucidate the limitations of these rules; • evaluate the assumptions upon which the rules are based; • engage in conceptual debates in key areas of e-Commerce law; • interpret legislation and analyse legislation and case law (including the ability to use and appreciate cases from other jurisdictions); • identify potential legal issues related to e-Commerce law; • develop skills that should facilitate the student’s future participation in this important industry, and equip the student to address difficulties and opportunities both from an academic and from a practical perspective. Main Text/s and any supplementary readings: Main Texts - Murray A, Information Technology Law (4th edn, OUP 2019) ISBN: 9780198804727 - Edwards L, Law, Policy and the Internet (Hart 2019) ISBN: 9781849467032 - Lodder A, and A Murray (eds.) EU Regulation of E-Commerce: A Commentary (Edward Elgar 2017) ISBN: 9781785369346 - Rowland D, U Kohl and A Charlesworth, Information Technology Law, (5th edn, Routledge 2011) ISBN: 9780415870160 Supplementary readings - Bainbridge D, Introduction to Information Technology Law (6th edn, Longman 2007) ISBN: 9781405846660 - Brito J, and A Castillo, Bitcoin: A Primer for Policymakers (2nd edn, Mercatus 2016) - Lloyd I, Information Technology Law (8th edn, OUP 2014) ISBN: 9780198787556 - Reed C, and J. Angel (eds.) Computer Law (7th edn, OUP 2012) ISBN: 9780199696468 - Riefa C, Consumer Protection and Online Auction Platforms: Towards a Safer Legal Framework (Routledge 2015) ISBN: 9781138089846 - Cachia P, 'Consumer contracts in European private international law: the sphere of operation of the consumer contract rules in the Brussels I and Rome I Regulations', 34 European law Review 476 (2009) - Raskin M, 'The Law and Legality of Smart Contracts', 1 Georgetown Technology Review 304 (2017) - Reed C, What Is a Signature? 3 JILT (2000) Web Sites There are a wide range of websites relevant to the course. As electronic commerce law is a rapidly developing area, the law is often challenged to respond to the many advances in technology. It is therefore important to keep abreast of developments. Key websites that assist with this include: European Commission – Digital Agenda Portal http://ec.europa.eu/digital-agenda/ European Commission - Data Protection http://ec.europa.eu/justice/data-protection/index_en.htm |
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| STUDY-UNIT TYPE | Lecture | ||||||
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| LECTURER/S | Mireille-Martine Sant |
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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 2025/6. It may be subject to change in subsequent years. |
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