3 or 5 ECTS credits versions: the 3 credits will be assigned by the Polytechnic of Beja, in Portugal; while the 5 ECTS will be by the University of Zaragoza, Spain.
Competences to be developed by this c.u.: 1. Awareness and knowledge of the fundamentals of the various regulations concerning the Information Society in Portugal, in the European and International frameworks; 2. Expertise regarding the technics of Compartive Law; 3. Interpretation and application of legal texts in context, as well as research of legal information using ICT; Skip Activities | | |
...Computer Law- a Portuguese perspective -
| | | | 1 | . Legal Implications of the Information Society
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Main Topics:
1. legal implications of the Information Society, introductory considerations;
2. information and personality rights and information as an object of rights;
3. Globalization and Cyberspace, mutual mutual consequences;
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Papers on the Legal Implications of the Information Society Resource
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| | | 2 | . Data Protection
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Main Topics:
1. foundations and general issues: from "negative privacy" to the "right to informational self-determination"; 2. the constitutional basis: Art. 35 and its revisions;3. internal previous regulations: Act 10/91, of April 29, a brief reference;4. the European rules: Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, of 1981, and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, essential contents;5. the current Data Protection Act: Act 67/98, of Octobre 26, an in-dept analysis;6. the role of CNPD - the Portuguese Data Protection Authority;7. personal data and protection of privacy in the electronic communications sector, Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002, and Acts 7/2004, of January 7, and 41/2004, of August 18; 8. the retention of traffic data according to Directive 2006/24/EC, of the European Parliament and of the Council of 15 March 2006, and Act 32/2008, of July 17;
Specific resources:
ECJ Case Law Resource
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- Papers & Other Studies:
EC: Portugal - Data Protection text file
PHR2006 - Republic of Portugal file
Paulo Correia paper PDF document
Daniel Reis paper file
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Papers on International and EU Law Resource
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- Assessment:
Case I Assignment
Case I R Assignment
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| | | 3 | . Intellectual Property and Access to Information
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Main Topics:
1. internal previous regulations: the Code on Copyright and Neighbouring Rights, Decree-Law No. 63/85, of 14 March, and the Informations Processing Act, Law No. 109/91, of 17 August;2. the objectives and main options of os objectivos of Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996, and the contents of Decree-Law No. 122/2000, of 4 July, regarding the legal protection of databases;3. the contents of Council Directive 91/250/EEC of 14 May 1991, as transposed by Decree-Law No. 252/94, of 20 Octobre, on the legal protection of computer programs;4. the additional protection granted to owners of digital works by Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001, Law No. 50/2004, of 24 August, as enhanced by Directive 2004/48/EC, of the European Parliament and of the Council, of 29 April 2004, transposed by Act 16/2008, of 1 April, on copyright enforcement;5. the contracts on intellectual rights, namely on databases, computer programs and digital works;6. the regulations concerning the Registry of Literary Property, Decree No. 4.114, the organisations for the collective exercise and management of copyright and neighbouring rights, Law No. 83/2001, of August 2001, and the protection of personal rights of authors of works which have entered the public domain, Decree Law No. 150/82, of 29 April 1982;7. the role of IGAC - the General Inspectiorate of Cultural Activities;
Specific resources:
EU Case Law Resource
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- Papers & Other Studies:
Carlos Olavo paper file
César Bessa Monteiro paper PDF document
Manuel Oehen Mendes paper file
Miguel Pupo Correia paper PDF document
Patricia Akester paper file
João Miguel Neves paper file
César Bessa Monteiro et al. report PDF document
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Papers on International and EU Law Resource
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| | | 4 | . Internet and E-Commerce Regulations
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Main Topics:
1. Internet Governance: the regulation on domain names as a key issue, the roles of ICANN and FCCN-DNS;2. the rules on liability regarding Internet: main features of the Directive on electronic commerce, Directive 2000/31/EC, of the European Parliament and of the Council, of 8 June 2000, and its transposition by the Portuguese Electronic Commerce Act, Decre-Law No. 4/2007, of 7 January;3. the general framework of electronic commerce and the role of self-regulation, at the UNCITRAL Model Law, of 1996, at the Directive on electronic commerceon and at the Portuguese Electronic Commerce Act;4. the regulations on commercial communication and spam, also at the Directive on electronic commerceon and at the Portuguese Electronic Commerce Act;5. the rules on domain names regarding .eu, Commission Regulation (EC) No. 874/2004, of 28 April 2004, and .pt, DNS.PT Rules, Top Level Domains;6. the regulations regarding electronic contracting at the Directive on electronic commerceon and at the Portuguese Electronic Commerce Act; and the rules rules governing electronic documents and signatures, Directive 1999/93/EC, of the European Parliament and of the Council, of 13 December 1999, and Decree-Law No. 290-D/99, of 2 August7. the protection of consumers in respect of distance contracts at the EU, Directive 97/7/EC, of the European Parliament and of the Council, of 20 May 1997, Decree-Law No. 143/2001, of 26 April, levels;8. the role of ANACOM - Portuguese Communications Authority;
- Papers & Other Studies:
BPCC - E-commerce file
Ramboll Management: national report PDF document
OECD - Anti SPAM Task Force (Portugal) file
João Pimenta & Ana Silva report PDF document
João de Macedo Vitorino & Pedro Ramalho de Almeida national report PDF document
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Papers on International and EU Law Resource
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| | | 5 | . Computer Crimes Law
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