Course Information
Fast-moving technological developments that range from the deployment of innovative intelligent mobile networks, the ever-increasing broadband penetration, and the growth in smart devices – as well as disruptive business models – require a regular critical review of the regulatory framework. Further, connectivity, the digital economy, radio frequency allocation, the European data strategy, interoperability, consumer protection and net neutrality are just a few of the topics at the centre of the legal debate. The ongoing convergence of the regulated telecommunications sector, with information technology sectors and the role of telecommunications in the internet ecosystem, pose dilemmas for regulatory authorities. These dilemmas are reflected in discussions on very relevant legal issues, such as market entry, access to networks, regulation of dominant positions, standardisation, unmanned aircraft, satellites, freedom of information and privacy, universal service and end-user rights.
This course addresses the impact of technological developments on the public and private law aspects of electronic communications. The course covers both the ius constitutum and the ius constituendum, as applied by regulatory authorities to stakeholders, ranging from telecom network and service providers, international organisations, Internet service providers, and end-users (consumers and businesses) in a field of ‘incumbents’ as well as ‘new entrants’. The course focuses on the European regulatory framework (e.g. European Electronic Communications Code, e-Privacy Directive and BEREC) and the International framework, (e.g. ITU Constitution and Convention).
Course objectives
Obtain a thorough understanding of the European and International Regulatory Framework for Electronic Communications and the key issues that are debated in that context.
Achievement levels
Students must be able to:
- Effectively understand the meaning of the rule of law in terms of electronic communications and understand how this affects the regulation of electronic communications.
- Effectively adapt the meaning of the rule of law in relation to digital technologies and describe tensions that result from the emergence of such technologies.
- Critically evaluate forms of regulation and supervision by national and international regulatory authorities.
- Make appropriate inferences about the different business models used by companies active on the telecommunications market as well as the impact of regulation.
- Understand and apply the various allocation methods of scarce resources in telecoms, such as auctions on frequencies and numbers.
- To understand, explain and apply end-user interests, data protection, security, roaming and net neutrality
Mode of instruction
The teaching methods for this course contain a mix of lectures and interactive sessions. 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
Written exam (90%).
Exam Revision (10%)
Required reading list
See Brightspace
Legislation Reader
The Legislation Roader can be found on the Law Faculty electronic learning environment 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
Relevant Decisions and Soft Law, ▪e.g. on 5G and Aviation: 2008/294/EC on harmonized conditions of spectrum use for the operation of mobile communication services on aircraft (MCA services, OJ (2008) L 98/ 19–23 and Commission Implementing Decision (EU) 2022/2324 of 23 November 2022 on access technologies and measures for the operation of mobile communications services on aircraft (MCA services), OJ (2022) L 307/262–266
CASE-LAW Reader
The Case Law can be found in a CASE-LAW reader that can be found on the Law Faculty electronic learning environment
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 2024 may only be done with the approval and consent of the Faculty Board and Programme Director.