Publications

The Masaryk University Journal of Law and Technology (ISSN online 1802-5951, ISSN print 1802-5943) is a peer-reviewed academic journal published by the Institute of Intellectual Property, which publishes original articles in the field of information and communication technology law. The published articles address legal issues related to modern technologies (e.g., privacy and personal data protection, intellectual property, biotechnology, cybersecurity and cyberwarfare, and energy law).

English, peer-reviewed, indexed in the Hein Online, SCOPUS, De Gruyter, IBZ, and ERIH databases

The Journal of Law and Technology, which first issue was published on November 1, 2010, is a Czech peer-reviewed academic journal focused on the technological aspects of law and legal science. The primary areas of focus are information and communication technology law, legal informatics, and specialized fields of technology law such as energy law and production-specific law, among others.

Since January 1, 2015, the journal has been included in the List of Peer-Reviewed Non-Impact Periodicals Published in the Czech Republic, and since June 24, 2015, it has been included in the ERIH PLUS database.

Citation Analysis of Case Law is a unique monograph on the Czech market, divided into three major sections: Theoretical Foundations, Tools Used and Data Collection Methods, and the Citation Environment of Czech Supreme Courts.

The first section provides readers with a general introduction to the topic—from the concept of the significance of court decisions, through the role of previous court decisions, to an explanation of network analysis. This is followed by the entire second section, “Tools Used and Data Collection Methods,” in which the authors explain their methodology and how they arrived at their results.

For readers, however, the most interesting part will undoubtedly be the third section: “The Citation Environment of the Czech Supreme Courts”—namely, the Constitutional Court, the Supreme Court, and the Supreme Administrative Court. Here, the authors focus on the significance of citations of earlier court decisions, their frequency, whether this trend is increasing or decreasing, which courts cite which earlier decisions, and they also reflect on the reasons behind these patterns.

The endeavor to achieve a fair balance between the interests of the various stakeholders participating in the copyright system—by limiting the exclusive rights granted—has been evident throughout the history of copyright and is closely linked to its very purpose and social dimension. However, the expansion of copyright protection and its enforcement through technical means, in response to technological developments, poses a significant threat to this intended balance.

This monograph examines the role and interests of users of copyright-protected subject matter, selected limitations on copyright, and the specific challenges currently facing the system of exceptions and limitations. It also offers de lege ferenda proposals for addressing these issues, thereby answering the fundamental research question: how can the system of copyright exceptions and limitations be adapted to the environment of digital networks?

This monography addresses general issues concerning the legal regulation of personal data protection. Building upon the fundamental premises of the personal data protection system, the book identifies a key shortcoming in the previous legal framework (Directive 95/46/EC and Act No. 101/2000 Coll.): a lack of internal flexibility, specifically the absence of functional granularity and scalability regarding the obligations of data controllers. In its core section, the book provides an analysis of "performative regulation"—a modern regulatory approach adopted by the European legislator as the foundational framework for the General Data Protection Regulation (GDPR, Regulation 2016/679). Consequently, the GDPR offers a sufficiently flexible framework of obligations, allowing for their granularity and scalability. In its conclusion, the book discusses the advantages of this regulatory method while also highlighting the challenges and obstacles that performative regulation poses for the interpretation and application of the GDPR.

This book presents the first comprehensive treatise on the ethical, legal, and sociological aspects of preparing for online justice in the Czech Republic. Online justice must be implemented gradually, ensuring that all parties—as well as judges, court staff, and court administrators—are well-prepared. Online justice represents a significant judicial reform; it has the potential to bring about fundamental positive changes in how citizens access the courts and justice in general, while also offering the prospect of substantial long-term cost savings. However, there are also significant risks that could turn these potential benefits into drawbacks—access to justice could deteriorate considerably for many citizens, and the state could end up wasting significant financial resources. Consequently, thorough and comprehensive preparation for online justice will be crucial. The text incorporates relevant insights from abroad and summarizes the current state of judicial digitalization in the Czech Republic. It also presents the findings of the first public survey regarding online courts conducted among Czech citizens. The book outlines the steps required to prepare for the introduction of the first online courts—steps that, according to the authors, must be initiated immediately. Furthermore, it explores future prospects.

The aim of this book was to examine whether the current legal framework governing obligations in the event of a personal data breach under the General Data Protection Regulation is effectively applicable in the Internet of Things environment, and if so, what adjustments could be made to overcome any identified challenges and obstacles. This issue is examined from four perspectives. The introduction to the topic is from the perspective of cybersecurity. The concept of a personal data breach is defined, and its relationship to the concept of a security incident is explained. Subsequently, possible forms of security breaches are presented, the scope and frequency of this phenomenon are documented, and trends in its development are outlined. The potential harm to individuals resulting from a security breach is then explained. The topic is subsequently addressed from a legal perspective. Within this framework, a comprehensive analysis of legal frameworks is provided, focusing on obligations aimed at preventing or mitigating the impacts of security breaches both within the European Union and in the United States. These frameworks are then discussed with the aim of identifying their obstacles and limitations. The next chapter examines the impact of technological changes in the environment defined by the term “Internet of Things.” Attention is focused on the new challenges this environment poses for the processing of personal data. The diversity of situations falling under this concept is illustrated through three specific scenarios: automated communication between devices, the smart city environment, and changes in the status of micro-enterprises. These viewpoints are supplemented by an economic perspective. This perspective is used to model the decision-making of obligated entities regarding compliance with imposed obligations in connection with security breaches. The study then proceeds to integrate the perspectives presented, summarizes the findings on security breaches in the context of the Internet of Things, and discusses possible solutions to the identified obstacles to compliance with the relevant obligations.

The book reviews applicable Czech law of information and communication technologies. Following a general introduction, the book assembles its information and guidance in seven main areas of practice: the regulatory framework of the electronic communications market; software protection, legal protection of databases or chips, and other intellectual property matters; contracts with regard to software licensing and network services, with special attention to case law in this area; rules with regard to electronic evidence, regulation of electronic signatures, electronic banking, and electronic commerce; specific laws and regulations with respect to the liability of network operators and service providers and related product liability; protection of individual persons in the context of the processing of personal data and confidentiality; and the application of substantive criminal law in the area of ICT.

This unique monography focuses on the enforcement of law through online alternative dispute resolution. The monography provides a clear and systematic definition of the concept of online alternative dispute resolution and the tools it employs; it compares the Czech legal system primarily with that of England and Wales and examines the possibilities for integrating online alternative dispute resolution with judicial mechanisms. A separate chapter is devoted to specific options for online alternative dispute resolution and their detailed analysis—the EU regime for online alternative dispute resolution for consumer disputes, the resolution of disputes over generic top-level domain names, the eBay case, and the resolution of disputes through a closed and comprehensive online alternative dispute resolution system. One of the main research questions addressed by the monography is the presentation and analysis of the individual parameters that are essential for the proper functioning of systems providing online dispute resolution.

The book addresses the most important topics in contemporary information technology law. With the exception of the first chapter, which is devoted to the concept and methodology of information technology law, it does not focus much on general issues but rather targets specific problems. This reflects the current state of development of this still relatively new legal discipline.

This thought-provoking work elaborates on the assumption that information privacy is, in its essence, comparable to information sovereignty. This seemingly rudimentary observation serves as the basis for an analysis of various information instruments in domestic and international law. It also provides for the method to resolve situations where informational domains of individuals and/or states collide. Information Sovereignty combines a philosophical and methodological analysis of the phenomena of information, sovereignty and privacy. It also encompasses more practical discussions of cybersecurity and cross-border processing of personal data, including in the context of cross-border discovery of digital evidence.