Law of Information Technologies

Graduates of PhD. studies in the Information Technology Law study program are familiar with the scientific methods of basic and applied research in legal sciences, which serve as a basis for carrying out research and development and creating new scientific knowledge in the field of law, while the graduate is focused on the legal branch of Information Technology Law or a combination with related legal branches, primarily international law, European Union law, administrative law, civil and commercial law and criminal law (in the area of cybercrime). In the given areas, they present knowledge at the highest level, which is primarily represented by their publishing activity.

The graduate can analyse, synthesize, and compare the legal institutes of the legal branch of Information Technology Law, as well as related legal branches, with the aim of creating proposals de lege ferenda, in the interest of their more effective application in the legal order. They are capable of using all supporting scientific methods of research in scientific work, while they are able to connect not only the legal institutes of Information Technology Law, but also to think critically and interdisciplinary. At the same time, they can identify the implementation of legal institutes from other legal systems of the European Union states into the legal system of the Slovak Republic. The graduate is also familiar with conceptual, analytical, and synthesizing knowledge in the field of Information Technology Law, with wide application in legal science and practice. With their personal scientific contribution, graduates can shape the further development of Information Technology Law on a national, and partly international, scale. They are capable of applying acquired knowledge in practice with knowledge of choosing alternative conceptual or individual solutions.

The graduate applies their own findings of their theoretical analysis and their complex scientific research in solving problems in social relations at the national, EU and international level. Based on their outputs and findings, they can propose, verify, and implement new scientific knowledge. Within the legal branch of Information Technology Law, they are able to identify its shortcomings, propose their solution by methods of interpretation or law creation, and compare the current state of knowledge in the legal branch of Information Technology Law with the legal systems of other countries. In a given context, the graduate presents the most advanced and specialized skills and techniques, including the ability to synthesize and evaluate, which are required to solve fundamental problems in the field of research and/or innovation and to extend and redefine existing knowledge or professional practices.

The graduate has independent critical and analytical thinking, which he/she applies in changing social conditions with special emphasis on technological change and the transition to a knowledge-based economy, and is able to independently present the results of research and development in the field of law in the legal sector of Information Technology Law, as well as in related legal sectors, before the scientific and professional community in the Slovak Republic and abroad.

The graduate acquires the ability to work scientifically and pedagogically at the required methodological level in the field of law, in the legal branch of Information Technology Law, as well as in related legal branches, based on which he is prepared to work qualifiedly within the pedagogical process at universities in the given fields.

The subject of study and research in the field of information technology law can be defined by the range of legislation, case law and regulatory frameworks that deal with the legal aspects of technological developments and the digital world. These rules are enshrined in international conventions, European Union law as well as national legislation of individual Member States, considering the impact of technological regulation at the global level. 

Characteristic features of Information Technology Law include the common subject matter of regulatory frameworks, specific methods of regulation and the complexity of legislation. Information Technology Law enriches other areas of law by taking a horizontal view of technological change with a strong interdisciplinary approach.

The impact of technological change on the law is undeniable. At the same time, the study of the impact of information technology on law in isolation in different areas cannot work because many trends are interrelated. In this respect, the horizontal study of information technology regulation allows for a better understanding of the interrelationships, which can then be considered in the various branches of law, whether in its application or change. Information Technology Law examines the mode of regulation by focusing on its typical subjects and considering the institutional framework of the law. Other areas of law address technological change to a lesser extent. At the same time, they are less reflective of non-legislative ways of regulating human behaviour, primarily through architecture (code). Human behaviour in the online environment can be influenced equally through technical rules or the private rules of large technology firms. This fact, moreover, makes the issue of human rights more intertwined with private law, as opposed to ordinary private law. It very often puts private individuals in a position that gives them, in some situations, more informal power to change individual behaviour than state agencies have. This must make the whole field much more reflective of the classical divide between individual and state power, since in the practice of these technologies the distinction is often blurred.

Information Technology Law is characterized using a pragmatic methodology with specific possibilities of performative rules and intelligent regulation. These methods of regulation reflect the possibilities of architecture, or code, to regulate behaviour. Performative rules are the domain of Information Technology Law because they blur the distinction between the regulator and the regulated, and the key entity for the application of these rules are the so-called defining authorities - the large technology companies. In practice, the above means that the legislator, while regulating a certain obligation in general terms in legislation, leaves its performance, specific parameters and control of its application to the definitional authorities and, in effect, regulates behaviour without having to define the specific rules itself.

Although information technology law is not governed by a single code, it has basic building blocks. These are primarily the liability of infrastructure operators, the regulation of digital services and artificial intelligence, many specific areas of intellectual property law, net neutrality, digital identity and data protection. The European Union institutions are also presenting in the context of data protection the so-called 'Big 5' of digital legislation in the form of the Data Governance Act, the Digital Services Act, the Digital Markets Act, the Data Act and the AI Act.

The sector in question is characterised by its independent terminology and interpretation of concepts and by the self-sufficiency of the legal order. Information Technology Law contains institutes that have no parallel in national or international law, such as due diligence obligations for digital services, design requirements for the processing of personal data or the operation of online platforms, or risk-based regulation. Another sign of the autonomy of IT law is the creation of its own structure of institutions for enforcement in the digital world.

In particular, the subject of study and scholarly research on information technology law includes:

-          the overlaps of regulation of new technologies in society,

-          the specific possibilities of modalities for the regulation of social relations in the context of new technologies  

-          international regulation of information technology,

-          the limits of fundamental human rights and freedoms in the context of the implementation and use of new technologies by the regulation of the Digital Single Market of the European Union,

-          the protection of privacy and information,

-          information technology in public administration,

-          the regulation of artificial intelligence,

-          cybercrime and its evidence, including the regulation of the removal of harmful content.

In cases where the regulation of Information Technology Law in a particular legal area overlaps with national regulation (a typical example is the harmonisation of rules relating to the internal market), it is necessary to view the subject of study and research on information technology law in terms of the transnational approach to regulation, the legal basis for such regulation, the appropriateness of such regulation, or the effects of regulation on national legal orders. In cases where the regulation of information technology in a particular area of law overlaps with international law, the subject of study and research on information technology law should be seen in the way in which the European Union acts in the international arena as a subject of international law and implements its international obligations.

The graduate acquires the ability to demonstrate considerable authority, innovation, independence, scientific and professional integrity, and assumes a permanent commitment to developing new ideas or practices. The components in question are primarily reflected in the graduate's ability to determine the focus of research and coordinate a team in the scientific field of Information Technology Law, as well as in related legal branches, and in regular publication activity, the quality of which corresponds to the standards of the Internal System for Ensuring the Quality of Higher Education of the Comenius University in Bratislava (Internal Regulation No. 23/2021), as well as the standard of Internal Regulation No. 11/2023, which regulates the internal system of quality assurance of higher education at the Comenius University in Bratislava, the Faculty of Law and the Standards for the Internal System of Quality Assurance of Higher Education of the Slovak Accreditation Agency for Higher Education (hereinafter all three documents will be referred to as "Quality Standards") and which the graduate presented during their doctoral studies.

The educational goals in the Information Technology Law study program are achieved through the following measurable educational outputs in individual parts of the study program, which consists of a teaching part, a scientific part and a pedagogical part.

Teaching part - mainly teaching within profile subjects:

Methodology of science

Methodology of qualitative legal research

Within the above-mentioned subjects, it is ensured that the individual study programs of doctoral studies are strengthened in the study part in a common basis from the point of view of the methodology of science.

Within the Methodology of Science subject, student outputs are presented by the ability to formulate research hypotheses, by deepening skills in the application of methods of analysis and synthesis when writing scientific works, by complying with the requirements of the Quality Standards.

As part of the subject Methodology of qualitative legal research, the student will learn the method of qualitative research, which is in the context of determining the purpose and goals, the collection of data, the process of their analysis up to the writing of the final report, aimed at understanding and interpreting the meanings that the researching persons assigns to their experiences and perceptions . The goal is the search for causes and connections in the worlds of individuals and subsequent inductive prediction leading to answers to research questions.

Basics and application of legal education: methodology of the pedagogical process

By completing the subject, the student acquires core knowledge and relevant information, on the basis of which he is able to formulate the goals and content of their own pedagogical process. They control the organizational forms, didactic principles and teaching methods that are profiling for the pedagogical process, while they are capable of selecting them flexibly and correctly depending on the requirements of the pedagogical process, the taught subject and the target group. Based on their own knowledge, he identifies individual general and special requirements for the preparation of partial parts of the teaching process, emphasizing the specifics of teaching focused on legal education.

Law, society and information technologies - scientific aspects

By completing the course, the PhD student will gain a deep knowledge of the legal and technological concepts related to the regulation of information technology and its impact on society. He/she will master the legal and ethical aspects of artificial intelligence, cyber security, electronic data management and the protection of digital rights.

In the course, the PhD student is guided to work independently on the scientific analysis of the legal challenges related to technological innovation and its impact on society. This results in the production of a professional scholarly output that critically evaluates existing regulatory frameworks, identifies their weaknesses and proposes effective legal solutions for managing technological change.

Regulating the European Union's digital market - scientific aspects

The aim of the course is to scientifically examine the theoretical background and legal instruments of European Union digital market regulation, including the doctrine, methods and practical aspects of the implementation of the legislation in the legal systems of the Member States.

Within the framework of the subject, the PhD student is guided to carry out an independent work, which should result in the elaboration of a short scientific output aimed at analysing the legal framework of the EU digital market, identifying its shortcomings and formulating proposals to improve the effectiveness of regulation and to strengthen fairness and competition in the digital space.

Protecting information in the digital environment - scientific aspects

By completing the course, the PhD student will acquire key knowledge and analytical skills in the field of data protection and cybersecurity in the digital environment, while being able to identify and address legal and technological challenges. The PhD student will learn to apply interdisciplinary approaches in line with national, European and international legal standards.

During the course, the PhD student will focus on independent scientific work, which will result in a professional output analysing the legal and technological challenges of data protection, their impact on society and the legal system, as well as proposals for legislative and practical solutions aimed at ensuring effective protection of information in the digital environment.

Regulation of information technologies in public administration - scientific aspects

The aim of the course is to scientifically examine the theoretical foundations, legal principles and instruments of the regulation of information technologies in public administration, including methods of their implementation and application in the legal systems of the Member States. Within the framework of the subject, the PhD student is guided to work independently, which should result in the elaboration of a short scientific output aimed at the analysis of the legal aspects of the regulation of information technologies in public administration, the identification of problems in their application and the proposal of solutions to strengthen the efficiency and security of digital processes in public administration.

Regulation of modern forms of media and protection of the individual - scientific aspects

The aim of the course is to scientifically examine the theoretical foundations, legal principles and instruments of regulation of modern forms of media with a focus on the individual in the context of the right to information and relevant legal instruments. The course deals with the analysis of legislative frameworks, in particular in the context of digital media and platforms, traditional forms of media and their impact on society and the individual in relation to the rights of the individual as a consumer and user of digital services.

The PhD student is guided to produce an independent scientific thesis, which aims to produce a short scientific output aimed at identifying the legal problems of the regulation of modern media, analysing their impact on the protection of the individual and proposing solutions to increase the effectiveness of regulatory measures, taking into account technological developments and the need to preserve democratic values.

Scientific part

The minimum scope of compulsory optional scientific activity results from the Directive of the Dean of Comenius University in Bratislava, Faculty of Law, which regulates the evaluation of selected scientific activities of university teachers, researchers and doctoral students at Comenius University in Bratislava, Faculty of Law (Internal Regulation No. 6/2024).

Internal regulation n. 6/2024: https://www.flaw.uniba.sk/fileadmin/praf/O_fakulte/Dokumenty/VP_2024/VP_2024_06.pdf  

The quality of the publication activity of doctoral students, especially in the context of the Quality Standards, is evaluated annually by the Council for the Quality of Science and Doctoral Studies of the Comenius University in Bratislava, Faculty of Law.

Pedagogical part

The doctoral student, at the beginning also under the supervision of their supervisor, applies and improves the skills in teaching that he previously acquired through their own observation in the mentioned subjects and within the profile subject Methodology of the pedagogical process at law faculties.

The learning outcomes and qualifications obtained by completing the study programme meet the sector-specific professional expectations for the performance of these occupations:

-          assistant professors and scientific workers at universities and other scientific institutions

-          judges of courts,

-          senior staff of analytical departments at the highest courts,

-          senior staff in central state administration bodies and in European structures

-          senior professionals and specialists working in the field of digital regulation and oversight

-          executives and specialists working in digital regulation and supervision,

-          advocacy (head of the work team)

The study programme in Information Technology Law has a significant potential in terms of graduates' employment. Graduates of doctoral studies in this study programme are prepared for scientific and practical activities in the field of Information Technology Law, which includes the regulation of technological development and the digital world. They are proficient in the scientific methods of basic and applied research in the legal sciences and are able to generate new scientific knowledge. This programme qualifies them not only for professional and analytical tasks in the field of information technology law, but also for interdisciplinary thinking and drafting proposals for legislative changes, thus contributing significantly to the shaping of the modern legal environment.

Graduates are able to effectively analyse, synthesise and compare legal institutes in the field of Information Technology Law and related legal disciplines such as international law, European Union law, constitutional law, administrative law, civil and commercial law, or criminal law in the context of cybercrime. They are able to develop innovative proposals for legal solutions, identify deficiencies in legal arrangements and suggest improvements. This ability is essential in today's rapidly changing technological environment, which requires flexible regulation that responds to new challenges such as artificial intelligence, cybersecurity and privacy.

Graduates are prepared for academic and scholarly careers, with publications reflecting their ability to develop new legal concepts and approaches. They are also qualified to teach at universities, where they can teach courses on information technology regulation, legal research methodology or interdisciplinary aspects of technology regulation. In addition, graduates also have important applications in legal practice, not only in the legal profession, but also in public administrations and international institutions, where they can contribute to the development of regulatory frameworks for the digital market, data protection or the regulation of artificial intelligence.

Thanks to their professional focus, graduates are prepared not only to solve specific legal problems related to technological progress, but also to design regulatory mechanisms taking into account the global context and the specificities of the digital environment. Their ability to combine legal knowledge with technological aspects is invaluable in the processes of harmonisation of law at EU level, the development of national regulations, as well as in international negotiations on legal and technological issues.

The importance of the Information Technology Law degree programme continues to grow as technological innovations affect all areas of social life. Graduates of this programme are therefore essential to ensure an effective legal environment that takes into account the dynamics of technological change and supports the development of a digital society. Through their scholarly contribution, they can shape the future of law and ensure that legal frameworks reflect the needs of the modern technological world.

Required skills and requirements for admission to study:

Conditions for admission to study at the Comenius University in Bratislava, Faculty of Law, according to § 57 of Act no. 131/2002 Coll. on Higher Education Institutions and on Amendments to Certain Acts as amended and information pursuant to Art. 3 par. 5 of the rules of the admission procedure at the Comenius University in Bratislava (internal regulation No. 4/2021):

https://www.flaw.uniba.sk/fileadmin/praf/Studium/uchadzac/2022_2023/PhD_pravo_2022_23_V1.pdf 

Procedures for admission to study:

Rules of the admission procedure at Comenius University (internal regulation 4/2021)

https://uniba.sk/fileadmin/ruk/legislativa/2021/Vp_2021_04.pdf

FULL-TIME STUDY

Recommended study plan:

2024/2025

Information sheets:

2024/2025

PART-TIME STUDY

Recommended study plan:

2024/2025

Information sheets:

2024/2025

Members of the board

Meetings of the Study Program Council:

Decisions: 

Framework agreement on cooperation with an external educational institution: Agreement

Descriptions of study programs and internal evaluation reports: