Course Information
This course explores the legal, regulatory and institutional frameworks that govern electronic infrastructure in the European Union, as well as internationally, with a focus on its users — from service providers to consumers, and from national regulators to supranational institutions. As society becomes increasingly dependent on digital connectivity, understanding how electronic communications infrastructure is structured, accessed, regulated and used is critical for legal practitioners, policymakers and technology professionals alike.
At the heart of the course is the European Union’s legal approach to telecommunications and digital connectivity, primarily through the European Electronic Communications Code (EECC) and complementary instruments such as the Digital Markets Act (DMA). The course investigates how these frameworks shape the telecommunications market by ex ante regulation of significant market power and safeguarding interconnection and interoperability enabling companies, like internet service providers, to enter the market by using essential infrastructures and providing services. The course gives insight into how competition is fostered and maintained, how a fair allocation of scarce resources is safeguarded, and how end-user rights are protected.
A core component of the course is the evolving concept of gatekeepers — large digital platforms that control access to essential infrastructure or services. Students will study the ex ante regulatory obligations imposed on such actors under the DMA, and how these interact with traditional EU competition law enforcement under Articles 101 and 102 of the TFEU. The course also provides a critical examination of the regulatory balance between promoting innovation and preventing market abuse.
In addition to terrestrial communications infrastructure, the course includes a forward-looking module on connectivity in the air and space domains, including high-altitude platforms (HAPS), satellite internet constellations, and the use of near-space for telecommunications.
Students will gain a deep understanding of the various stakeholders involved in electronic infrastructure governance – including national regulatory authorities (NRAs), the Body of European Regulators for Electronic Communications (BEREC), the European Commission (DG CONNECT), and private actors such as telecom operators and space-tech companies.
Through lectures, case studies, guest speakers, and links to practical situations and technology, students will acquire the tools needed to critically assess the law and policy shaping electronic infrastructure in the EU. Whether preparing for a career in digital law, telecom policy, or regulatory affairs, this course provides a solid foundation in one of the most dynamic areas of EU legal governance.
Course objectives
Obtain a thorough understanding of the European and International Regulatory Framework for electronic infrastructure and its users, and the key issues that are debated in that context.
Achievement levels
By the end of this course, students will be able to:
- Understand the legal foundations of electronic infrastructure governance in the EU.
- Identify key stakeholders and institutional actors in electronic regulation.
- Analyse EU laws on market access, allocation of scarce resources, competition, interoperability, standardisation and regulatory gatekeeping, and elaborate on what this means from a user perspective.
- Evaluate the balance between ex ante regulation and ex post competition enforcement.
- Assess the different perspectives and needs of users of electronic infrastructure.
- Discuss end-user rights and protections under the European Electronic Communications Code (EECC).
- Explore legal frameworks for air and space-based connectivity infrastructures and their interaction with the EECC.
Mode of instruction
The teaching method for this course is a series of interactive lectures. Lectures are given by the core teaching staff or by guest lecturers. In all sessions, students will be challenged to actively participate in the class. The sessions may involve small ad-hoc assignments to stimulate active participation and critical thinking. In each lecture, students are interviewed about specific topics (e.g. a court decision and a regulation).
Course Requirement
Master Degree
Timetable
The timetable of this course will be available for students in MyTimetable
Brightspace
More information on this course is offered in Brightspace
Attendance
Attendance is mandatory as specified in Article 5.1 of the Course and Examination Regulations of the Master of Laws Advanced Studies Programmes
Examination Method
This course is assessed by means of:
Exam Revision Note (10%). A 2-3 page revision note, prepared in groups and shared with the class to support the preparation of the exam.
Exam (90%). A 3-hour closed book written exam with legislative materials. Any Retake may consist of an Oral Exam.
The course is successfully passed upon completion of both examination methods and achieving an overall passing grade for the course. The Exam Revision Note is pass or fail.
No retake will be granted to a student who has obtained a weighted average grade for the course of 6.0 or higher, cf Article 12.2 Course and Examination Regulations. No retake will be allowed if a student has not taken the scheduled exam, or any other scheduled form of assessment, and handed in written proof of a conscientious effort to meet the deadline. This is without prejudice to justified reasons of health, family or any other force majeure that could prevent the student from attending class or from participating in the assessment, cf. Article 12.3.
If a student fails an assessment component that is part of an activity that cannot be retaken, the form of the retake will be up to the discretion of the relevant lecturer, cf. Article 12.1.
The grade obtained in the retake assessment will replace the grade of the failed assessment and will be included in the weighting of the grade for the course.
Required reading list
See Brightspace
Legislation Reader
The Legislation Reader can be found on the Bright Space and consists of the following Regulatory Materials:
ITU Constitution and Convention (relevant Articles):
Treaty on the Functioning of the European Union (relevant Articles)
The 2018 European Electronic Communications Code (EECC or Telecom Code Directive (EU) 2018/1972, OJ (2018) L 321/36.
Netneutrality or Open Internet Regulation: Regulation (EU) 2015/2120 OJ (2015) L 310/1.
Roaming Regulation: Regulation (EU) 2022/612 (2022) OJ L 115/1
E-Privacy Directive (consolidated version 2002L0058- 19.12.2009), E-privacy directive (draft) (2017), COM(2017) 10 final, 2017/2003
Standardisation Regulation (EU) No 1025/2012
Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act).
The Case Law can be found in Case Law reader on Brightspace
Contact information
Programme Coordinator
Ms Patricia Garcia Fernandez
Telephone number: 0031- 71 527 4228
E-mail: lawanddigitaltechnologies@law.leidenuniv.nl
Course Coordinator
Benjamyn I. Scott
b.i.scott@law.leidenuniv.nl
“Disclaimer:
Should there be any future extenuating circumstances which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2025 may only be done with the approval and consent of the Faculty Board and Programme Director.