Liability in ICT Law
FEKT-MPC-ODPAcad. year: 2020/2021
The concept of legal liability and differences between liability in private, administrative and criminal law, criminal liability as ultima ratio, anomalies in the system of liability for personal data processing and cybersecurity incidents, detailed analysis of private law liability of ISPs and platform providers (incl. recent Czech and CJEU case-law), liability in cybersecurity law - liability of controllers, liability for incidents, prosecution and sanctioning by NCISA, liability in personal data protection, liability for computer crimes, liability of autonomous systems, concept of compliance, building compliance systems in middle and large enterprises, typical compliance tools.
Learning outcomes of the course unit
Upon successfult completion of this course, students should be able to understand general and particular issues in practical application of selected liability instruments of private, administrative and criminal law onto ICT. Students should be able to resolve practical situations arising from liability and will be capable of using basic and intermediate tools to prevent and mitigate liability risks in ISP liability, personal data protection and cybersecurity.
Knowledge of the subject matter of courses Legal Theory, Introduction to ICT Law 1 and 2, Software Law, Cybercrime.
Recommended optional programme components
Recommended or required reading
Polčák, R. a kol. Právo informačních technologií. Praha: Wolters Kluwer (CS)
Planned learning activities and teaching methods
Teaching methods include lecture and self-learning supported by on-line means of distance learning.
Assesment methods and criteria linked to learning outcomes
he course is concluded by a test that will consist of five open questions and consequent colloquial discussion.
Language of instruction
1. System of liability, ultima ratio principle, concept of compliance
2. Liability of ISPs
3. Liability and compliance in cybersecurity law
4. Liability and compliance in personal data protection
5. Liability for cybercrimes
6. Liability of autonomous systems
The purpose of this course is to extend and amend existing competences that students gained in undergraduate programme regarding liability for illegal acting on-line. The course also focuses on recent issues in liability mitigation and compliance.
Classification of course in study plans
- Programme MPC-IBE Master's, 1. year of study, winter semester, 2 credits, compulsory