Summary Law & Technology
2025-2026
Only summarizes material from the lectures
Week 1 - What is Law
Week 2 - Law democracy & CJEU Data Retention Judgement
Week 3 - Legal Reasoning & Domains of Law
Week 4 - Public and Criminal law
Week 5 - International Law & EU Law and Institutions
Week 6 - Data Protection 1
Week 7 & 8 - Data Protection 2,3
Week 9 - Discrimination and AI Act 1
Week 10 - Discrimination and AI Act 2
Week 11 - Digital Services Act
Week 12 - Cybercrime and Cyber Security Regulation
Week 13 - Data Protection Impact Assessments in practice
Practice exam questions:
Exam info:
50% multiple choice, 50% open questions
You will get a digital copy of the GDPR during the exam (https://eur-
lex.europa.eu/eli/reg/2016/679/oj/eng)
No need to learn exact text of legal provisions by heart, No need to learn article numbers by
heart
Definitions are in article 4
Always guess something, you get a number of sentences for each open question, clearer
answer gets more points
Reading judgements tips:
Which court? More attention is payed to higher courts, as they are more influential
What type of case? criminal, administrative, private
Who are the parties?
What does the claimant want? in administrative and private law
→ Never cite or quote a press release or summary
Week 1 - What is Law
Data access request:
Article 15 of GDPR
You have the right to require an organization (’controller’) to show what personal data they have on
you.
Law: Body of rules, which a particular community recognizes as binding on its members. Vaguely
determining what is good behavior.
Legal certainty
1. Find the rule in a statute; Law prefers clarity of a rule over the ideal or most nuanced rule
Summary Law & Technology 1
, Practical: no judge needed
E.g.: 100 km is maximum speed instead of don’t endanger other people on the road
2. Certainty that the law will be enforced; Helps to foster compliance
3. Certainty that the law is applied consistently; Similar cases will be treated similarly, even for rich
people or large companies
Law is not an exact science: has a lot of grey areas. Law regarding technology is still developing.
Sources of law: sources can show that a rule is a legal rule.
→ Treaties, Legislation, and case law are most important; doctrine, fundamental principles of law, and
customary law are less important
Treaties
A formal, legally binding written agreement between states (or other actors in international law)
Examples: European Convention on Human Rights (right to not be a slave etc.) & Treaty on the
functioning of the European Union
Legislation
Adopted by a lawmaker and includes a constitution
Imposes legal norms on those within the jurisdiction
Case law
Collection of legal decisions by courts
Decisions by higher courts (e.g. Supreme Court) are more influential than decisions by lower
courts
Doctrine:
Text by influential legal scholars
More influential in civil law systems than in common law systems
Fundamental principles of law:
General and abstract rules, implied in other legal sources
E.g. Treat equal cases equally, Government agencies should be impartial
Customary law:
In absence of written law
established pattern of behavior within a particular social setting, based on long-standing
practices and norms
Requires: Usus (a habit of acting in a certain way), Opinio necessitatis (shared opinion that habit
is based on a duty)
Practical example NL: ‘vertrouwensregel’, if Parliament officially says: no trust in government,
government must step down. (might also be seen as doctrine)
Difference Europe and UK, different legal systems:
Continental law follows Civil Law, focusing on statutes (law made by legislator)
Also: Russia, South America, Europe, Asia
UK law follows Common law, focusing on case law (judge-made law)
Summary Law & Technology 2
, Also: UK, North America, Australia, Hong Kong
Week 2 - Law democracy & CJEU Data Retention Judgement
Citing sources of law: dont include url, but if you do use official EU site: eur-lex.europa.eu. article 4(1) of
the GDPR, do not refer to an unofficial website
Law has legal effect: sometimes saying something makes it so. (chapter 2)
Marrying people
Parlament points out supreme court
The court saying that a statute is invalid
→ What the law says can lead to punishment and time in jail
Rights are about relationships between legal subjects
Legal Rights: rights represent interests that are protected by law
1. Rights against a person (claims/ rights in personam)
a. E.g. a contract → owing money to someone
2. Rights on an object (property rights / rights in rem)
a. E.g. ownership → cars, houses, copyright, patent
3. Fundamental rights (human rights, synonyms for this course)
a. E.g. right to privacy, freedom from slavery, but also right to water/education
Legal subject = natural person / legal person
Natural person: actual person
Legal person: company or legal group/side
Court of Justice of the European Union (CJEU)
Luxemburg
Highest authority on explaining EU law
National judges in EU can ask CJEU about the interpretation or validity of EU law
≠ European Court of Human Rights (ECtHR in Strasburg)
CJEU Data Retention Judgement 2014: Data Retention Directive does not compy with the charter of
Fundamental Rights of the European Union.
Data Retention Directive from 2006 requires member states to adopt laws:
Obliging telecom and Internet access providers to retain metadata of all their customers for
intelligence and law enforcement, for a period of up to two years.
Metadata: data about communication, who emailed/called who, when?, location data
(cellphone users)
→ But CJEU says about metadata: the data as a whole can allow conclusions to be drawn concering
private lives of persons.
EU Charter of Fundamental Rights:
Art. 7: ‘Respect for private and family life’ & ‘Everyone has the right to respect for his or her
private family life, home and communications’
Summary Law & Technology 3
, Art. 8: ‘Protection of personal data’ & ‘Everyone has the right to the protection of personal data
concerning him or her’
Art. 52: Limitations on the exercise of the rights and freedoms recognised by this Charter must
be provided for by law and respect the essence of those rights an freedoms. Limitations may be
made only if they are necessary and genuinely meet objectives of general interest recognised
by the Union or the need to protect the rights and freedoms of others
→ But CJEU said: Metadata retention serves goal of general interest: Fight against crime & terrorism
Different arguments that the CJEU gave:
→ Data Retention Directive is not proportional
→ Directive requires retention of metadata about everyone, not only about suspects. And does not
limit police access to the stored data. And contains insufficient data security requirements
→ Insufficient data security requirements
Consider quantity of data, sensitive nature of those data, risk of unlawful access to those data
→ Conclusion: Data Retention Directive was invalid & There was no requirement anymore for member
states to have data retention laws
EU Charter does not allow mass metadata surveillance, not even for fighting crime and terrorism
Week 3 - Legal Reasoning & Domains of Law
Legal reasoning - often as follows: (chapter 2)
Major: if a then b (legal rule)
Minor: a is the case (facts)
Conclusion: b (legal effect)
Classification: facts from real life must be classified / translated into descriptions that match a legal rule
Vagueness in language can enable judges to come to a correct decision, even if they must re-
interpret a phrase. Language is ambiguous.
Principles to deal with rule conflicts
Lex specialis: more specific rule overrides more general rule
Lex posterior: newer rule overrides older rule
Lex superior: hierarchy among lawmakers (national law overrides city ordinance)
Law in constitutional democracy
constitutional democracy requires (i) voting and (ii) a constitution and respect for human rights
1. Law shapes playing field for politics & law enables and constrains politics
E.g. gives the police the right to stop and search you but they should have a suspicion which
limits them
2. Law creates level playing field for individuals and companies to act ethically
E.g. companies are obliged to follow environmental laws and this does not depend on
differences in ethical view on environment.
Concept of law, Radbruch
Summary Law & Technology 4
2025-2026
Only summarizes material from the lectures
Week 1 - What is Law
Week 2 - Law democracy & CJEU Data Retention Judgement
Week 3 - Legal Reasoning & Domains of Law
Week 4 - Public and Criminal law
Week 5 - International Law & EU Law and Institutions
Week 6 - Data Protection 1
Week 7 & 8 - Data Protection 2,3
Week 9 - Discrimination and AI Act 1
Week 10 - Discrimination and AI Act 2
Week 11 - Digital Services Act
Week 12 - Cybercrime and Cyber Security Regulation
Week 13 - Data Protection Impact Assessments in practice
Practice exam questions:
Exam info:
50% multiple choice, 50% open questions
You will get a digital copy of the GDPR during the exam (https://eur-
lex.europa.eu/eli/reg/2016/679/oj/eng)
No need to learn exact text of legal provisions by heart, No need to learn article numbers by
heart
Definitions are in article 4
Always guess something, you get a number of sentences for each open question, clearer
answer gets more points
Reading judgements tips:
Which court? More attention is payed to higher courts, as they are more influential
What type of case? criminal, administrative, private
Who are the parties?
What does the claimant want? in administrative and private law
→ Never cite or quote a press release or summary
Week 1 - What is Law
Data access request:
Article 15 of GDPR
You have the right to require an organization (’controller’) to show what personal data they have on
you.
Law: Body of rules, which a particular community recognizes as binding on its members. Vaguely
determining what is good behavior.
Legal certainty
1. Find the rule in a statute; Law prefers clarity of a rule over the ideal or most nuanced rule
Summary Law & Technology 1
, Practical: no judge needed
E.g.: 100 km is maximum speed instead of don’t endanger other people on the road
2. Certainty that the law will be enforced; Helps to foster compliance
3. Certainty that the law is applied consistently; Similar cases will be treated similarly, even for rich
people or large companies
Law is not an exact science: has a lot of grey areas. Law regarding technology is still developing.
Sources of law: sources can show that a rule is a legal rule.
→ Treaties, Legislation, and case law are most important; doctrine, fundamental principles of law, and
customary law are less important
Treaties
A formal, legally binding written agreement between states (or other actors in international law)
Examples: European Convention on Human Rights (right to not be a slave etc.) & Treaty on the
functioning of the European Union
Legislation
Adopted by a lawmaker and includes a constitution
Imposes legal norms on those within the jurisdiction
Case law
Collection of legal decisions by courts
Decisions by higher courts (e.g. Supreme Court) are more influential than decisions by lower
courts
Doctrine:
Text by influential legal scholars
More influential in civil law systems than in common law systems
Fundamental principles of law:
General and abstract rules, implied in other legal sources
E.g. Treat equal cases equally, Government agencies should be impartial
Customary law:
In absence of written law
established pattern of behavior within a particular social setting, based on long-standing
practices and norms
Requires: Usus (a habit of acting in a certain way), Opinio necessitatis (shared opinion that habit
is based on a duty)
Practical example NL: ‘vertrouwensregel’, if Parliament officially says: no trust in government,
government must step down. (might also be seen as doctrine)
Difference Europe and UK, different legal systems:
Continental law follows Civil Law, focusing on statutes (law made by legislator)
Also: Russia, South America, Europe, Asia
UK law follows Common law, focusing on case law (judge-made law)
Summary Law & Technology 2
, Also: UK, North America, Australia, Hong Kong
Week 2 - Law democracy & CJEU Data Retention Judgement
Citing sources of law: dont include url, but if you do use official EU site: eur-lex.europa.eu. article 4(1) of
the GDPR, do not refer to an unofficial website
Law has legal effect: sometimes saying something makes it so. (chapter 2)
Marrying people
Parlament points out supreme court
The court saying that a statute is invalid
→ What the law says can lead to punishment and time in jail
Rights are about relationships between legal subjects
Legal Rights: rights represent interests that are protected by law
1. Rights against a person (claims/ rights in personam)
a. E.g. a contract → owing money to someone
2. Rights on an object (property rights / rights in rem)
a. E.g. ownership → cars, houses, copyright, patent
3. Fundamental rights (human rights, synonyms for this course)
a. E.g. right to privacy, freedom from slavery, but also right to water/education
Legal subject = natural person / legal person
Natural person: actual person
Legal person: company or legal group/side
Court of Justice of the European Union (CJEU)
Luxemburg
Highest authority on explaining EU law
National judges in EU can ask CJEU about the interpretation or validity of EU law
≠ European Court of Human Rights (ECtHR in Strasburg)
CJEU Data Retention Judgement 2014: Data Retention Directive does not compy with the charter of
Fundamental Rights of the European Union.
Data Retention Directive from 2006 requires member states to adopt laws:
Obliging telecom and Internet access providers to retain metadata of all their customers for
intelligence and law enforcement, for a period of up to two years.
Metadata: data about communication, who emailed/called who, when?, location data
(cellphone users)
→ But CJEU says about metadata: the data as a whole can allow conclusions to be drawn concering
private lives of persons.
EU Charter of Fundamental Rights:
Art. 7: ‘Respect for private and family life’ & ‘Everyone has the right to respect for his or her
private family life, home and communications’
Summary Law & Technology 3
, Art. 8: ‘Protection of personal data’ & ‘Everyone has the right to the protection of personal data
concerning him or her’
Art. 52: Limitations on the exercise of the rights and freedoms recognised by this Charter must
be provided for by law and respect the essence of those rights an freedoms. Limitations may be
made only if they are necessary and genuinely meet objectives of general interest recognised
by the Union or the need to protect the rights and freedoms of others
→ But CJEU said: Metadata retention serves goal of general interest: Fight against crime & terrorism
Different arguments that the CJEU gave:
→ Data Retention Directive is not proportional
→ Directive requires retention of metadata about everyone, not only about suspects. And does not
limit police access to the stored data. And contains insufficient data security requirements
→ Insufficient data security requirements
Consider quantity of data, sensitive nature of those data, risk of unlawful access to those data
→ Conclusion: Data Retention Directive was invalid & There was no requirement anymore for member
states to have data retention laws
EU Charter does not allow mass metadata surveillance, not even for fighting crime and terrorism
Week 3 - Legal Reasoning & Domains of Law
Legal reasoning - often as follows: (chapter 2)
Major: if a then b (legal rule)
Minor: a is the case (facts)
Conclusion: b (legal effect)
Classification: facts from real life must be classified / translated into descriptions that match a legal rule
Vagueness in language can enable judges to come to a correct decision, even if they must re-
interpret a phrase. Language is ambiguous.
Principles to deal with rule conflicts
Lex specialis: more specific rule overrides more general rule
Lex posterior: newer rule overrides older rule
Lex superior: hierarchy among lawmakers (national law overrides city ordinance)
Law in constitutional democracy
constitutional democracy requires (i) voting and (ii) a constitution and respect for human rights
1. Law shapes playing field for politics & law enables and constrains politics
E.g. gives the police the right to stop and search you but they should have a suspicion which
limits them
2. Law creates level playing field for individuals and companies to act ethically
E.g. companies are obliged to follow environmental laws and this does not depend on
differences in ethical view on environment.
Concept of law, Radbruch
Summary Law & Technology 4
