Law applies to the internet and to human-human and human-machine interaction through and on digital technologies. Public law sets key standards and frames how digitalized societies develop. But a large proportion of legally relevant communications and transactions take place in private spaces, in spaces that are primarily subject to the terms of service (e.g. community standards) of individual companies. These private rules determine online behaviour. Are the ‘constitutionalizing’ online spheres? How does private law and public law interact?
This seminar, which looks at the challenges of the platform economy from the perspective of private and public law, seeks to answer central questions of communicative and transactional relations under the increasingly technologically mediatized relationships constitutive of online order.