JFell ppts

E-learning: Legal Issues: 

E-learning: Legal Issues Jon Fell, Partner 1 June 2005

Introduction: 

Introduction What is e-learning? Why is e-learning important? What are the key legal issues? How do I need to address these issues? What should I be thinking about?

What is e-learning?: 

What is e-learning? Electronic resource materials AND interactive learning materials Information provision AND electronic teaching Distance learning electronically delivered by: Intranets Extranets E-mail CD ROM / DVD ASP

Why is e-learning important?: 

Why is e-learning important? Higher Education and Further Education Institutes Free up timetable Free up resources Cheap to deliver Opportunity: to run more courses to reach more people Students Flexible Effective Enjoyable Cheap to use

Why is e-learning important?: 

Why is e-learning important? Some common themes: Consistency – quality and experience Easy to access Lack of personal interaction Student and advisor Between students

What are the key legal issues?: 

What are the key legal issues? Some issues may be new to course providers, but are not new in themselves Over next two days you will be hearing about: copyright data protection defamation disability discrimination e-commerce laws Authentication

Key legal issues - Copyright: 

Key legal issues - Copyright Copyright is part of academic life E-learning raises new issues: Scripts Code Multimedia Consultants Title and Protection Exploitation

Key legal issues – Data Protection: 

Key legal issues – Data Protection Data Protection Act 1998 Collection 'fair and lawful processing' Protection 'appropriate technical and organisational measures against unauthorised or unlawful processing'

Key legal issues - Defamation: 

Key legal issues - Defamation Liability for third party content Monitoring Policies for use Notice and takedown Design and use of product

Key legal issues - Accessibility: 

Key legal issues - Accessibility Disability Discrimination Act 1995 Special Educational Needs and Disability Act 2001 Must not place disabled students at a 'substantial disadvantage' An opportunity not a burden Usability

Key legal issues – E-commerce laws: 

Key legal issues – E-commerce laws Electronic Commerce (EC Directive) Regulations 2002 Information provision Information Society service provider defences Consumer Protection (Distance Selling Regulations) 2000 Consumer protection Cooling off Privacy and Electronic Communications Regulations 2003 Email marketing Cookies www.aboutcookies.org

Authentication: 

Authentication How can you be certain that the student is who they say they are? Verification vs. Authentication Why is this important? Exam results/course credits Mandatory courses Integrity of data

Authentication: 

Authentication How can I authenticate a person’s identity? Authenticating factor typically relies on: Something that I know Something that I possess Something that I am Key issues: Accuracy Security

What do I need to address?: 

What do I need to address? What is different with a VLE? Third party materials Form and means of delivery Skill sets Use ‘New’ risks require: a different way of thinking a new approach

What do I need to address?: 

What do I need to address? Contracts Developers Script writers Employment Content licences Production agreements Third party rights Intellectual property rights Defamation

What do I need to address?: 

What do I need to address? Policies and Procedures Internal Accessibility Data management Content management Security Notification and take down Course review External Acceptable use Take down and notification

What should I be thinking about?: 

What should I be thinking about? What am I seeking to achieve? How will my e-learning system operate? What am I doing differently to conventional learning? Am I using any third parties to provide content or services? Have I protected my system? Do I need to make any changes in light of this conference?

Slide18: 

Jon Fell, Partner Pinsent Masons Tel: 020 7490 4000 E-mail: Jon.fell@pinsentmasons.com Web: www.pinsentmasons.com www.out-law.com www.aboutcookies.org