Bok Course: EU Regulation of Big Tech (Ranchordas)
MW 10:30AM - 12:30PM
Tanenbaum Hall 253
The European Union (EU) has issued over the last decade several regulations aimed at protecting the privacy of their citizens and curb the power of Big Tech companies. The adoption of the General Data Protection Regulation and the Proposal for an AI Act are examples hereof. However, the effects of these and other EU regulations are no longer limited to the borders of EU Member States. Rather, US Big Tech companies are also subject to them when offering services in the EU or processing the data of European citizens. Furthermore, Professor Anu Bradford has argued in the book The Brussels Effect that outside the EU (including in the US), multiple regulators have not only voluntarily changed their regulatory strategies to fit European standards but they have also started adopting regulatory instruments that increasingly resemble EU regulations. The regulation of data transfers between the EU and US is another area where EU regulation and case law have become increasingly important. EU regulation of Big Tech is thus increasingly relevant to US law students. The adoption of the General Data Protection Regulation (GDPR), the Digital Services Package (Digital Services Act and Digital Markets Act), the Data Governance Act, and the Proposal for an AI Act are some of the new developments that are currently changing the regulatory landscape of digital technology throughout the world.
This course offers an introduction to the EU regulation of Big Tech through the lens of its extraterritorial effects. The course focuses on the most relevant regulatory instruments and cases of the Court of Justice of the European Union. The focus is on (i) data protection (GDPR); (ii) data governance (Data Governance Act, Open Data Act); (iii) data transfers (e.g., cases Schrems I & II; 2023 EU-US Data Privacy Framework); (iv) regulation of social media and other Big Tech platforms (e.g., Digital Services Act, Digital Markets Act); (v) AI and Large Language Models (e.g., ChatGPT).
International and Comparative Law Learning outcomes: Demonstrate a core understanding of international and comparative law, both substantively and procedurally; Perform legal analysis in the context of international and comparative law; Communicate effectively on topics related to international and comparative law; Demonstrate an understanding of the role of international and comparative law, and their interconnection with domestic law.
International Corporate and Trade Law
Intellectual Property and Technology Law Learning outcomes: Demonstrate a core understanding of intellectual property law; Perform legal analysis in the context of intellectual property law; Communicate effectively on topics related to intellectual property; Demonstrate an understanding of the interconnection between technology and intellectual property, and how they affect other areas of law and society.
Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.