Blockchain technology allows parties to conclude smart contracts that are executed automatically when conditions specified in the contract are met. However, a blockchain is an isolated environment and can only validate date contained in the chain itself. For smart contracts that require access to external data or need to be executed off chain, it is technically necessary for an oracle to act as an intermediary between the blockchain and the real world. Depending on the technology, we can distinguish between software, hardware and human oracles, whereas the distinction between inbound and outbound oracles is based on the direction of data flow. Blockchain technology only ensures that data entered has not been subsequently modified, but it cannot guarantee that it is true. Therefore, the parties to a smart contract must trust the oracle and ensure that its independent and impartial position is contractually guaranteed. The article discusses the legal relationship between the parties to a smart contract on the one hand and the oracle on the other, and the regulation of the role of the oracle in the smart contract itself. When the oracle’s service fails it is essential that the smart contract is also legally binding.
B.04 Guest lectureCOBISS.SI-ID: 16582225
Online content can violate various private rights and give rise to claims for damages. Where the direct wrongdoer is unknown, the question arises whether online intermediaries who host or transmit the unlawful content, may also be held liable. The E-Commerce Directive shields internet intermediaries from liability for illegal content uploaded by their users as long as they retain a technically neutral role with regard to illegal content and swiftly remove or block the offending content upon request. The CJEU has repeatedly held that internet intermediaries may not be compelled to establish a permanent system of preventive filtering of user data. The paper discusses the remaining outstanding issues of this system of intermediary liability, such as the form of liability (fault-based or strict liability), the required reaction time upon receiving a takedown notice, dealing with clearly unfounded takedown requests and the liability for hyperlinks to unlawful content. The paper also addresses the new regime of civil liability of online content-sharing service providers under the Directive on Copyright in the Digital Single Market, which may effectively require service providers to use automated software tools for filtering users’ uploads to escape civil liability.
B.03 Paper at an international scientific conferenceCOBISS.SI-ID: 17083473
The subject of the study, commissioned by the Ministry of Economic Development and Technology, is to define the criteria for determining the applicable consumer law of a Member State and for determining the competences of national supervisory authorities to act in cross-border distance consumer transactions. established in one EU Member State and operating in another Member State - that is, in situations where the competent authorities are required to act in accordance with the CPC Regulation. In addition, taking into account the comparative law analysis, proposals have been made to regulate those powers of the competent authorities provided for in the CPC Regulation.
F.02 Acquisition of new scientific knowledgeCOBISS.SI-ID: 16939857
The XXVIII Congress of the International Association of European Law FIDE took place in Estoril, Portugal, from 23 to 26 May 2018. FIDE is an association of national societies for European law founded 50 years ago (SDEP - Slovenian Society for European Law is also a member), within which the development and challenges of European integration are discussed. At this year's congress, over 500 participants from EU and EFTA member states and candidate countries discussed the following selected current issues of European Union law: I. the digital economy in the EU internal market; II. state aid, taxation and competition; III. external dimensions of EU policy, special discussion, during which the EU's views were also presented by Mr. Michel Barnier, was dedicated to Brexit. Assoc. prof. dr. Klemen Podobnik, Assoc. prof. dr. Ana Vlahek and doc. dr. Matija Damjan participated in the congress as national rapporteurs for Slovenia within the thematic section on the digital economy in the EU internal market.
B.03 Paper at an international scientific conferenceCOBISS.SI-ID: 16163921
The ITPE Center acts as a liaison body of the Faculty of Law of the University of Ljubljana, the Institute of Criminology at the Faculty of Medicine in Ljubljana and the Institute of Comparative Law at the Faculty of Law in Ljubljana. . The digital revolution is establishing new social relations that simultaneously concern different branches of law, and at the same time information technologies themselves are subject to legal regulation. The Centre's research activity is currently focused in particular on the legal and ethical aspects of social networks, big data, artificial intelligence and autonomous driving. An important subject of study in the future will also be the establishment of a legal and ethical framework for the development, introduction and use of artificial intelligence-based systems in various areas of social life, including within the judiciary. The Center was established in 2020 and can be joined by other organizations dealing with content from its field of activity.
D.02 Establishment of a research centre, laboratory, study course, association