Emergency Remote Teaching: a study of copyright and data protection terms of popular online services (Part I)

Abstract

Very few institutions were prepared for the transition to distance learning. Although most teachers would have been familiar with online learning platforms and communication services, the swift move to Emergency Remote Teaching (ERT) took most universities by surprise. Some universities were able to rely on licensed software, repurposed to instruct students, and provide their staff with appropriate training. Others left it to their teachers to identify software and IT services for delivery of teaching. In both scenarios, institutions and teachers had little time to assess the suitability of the online tools in the requisite detail. As preliminary data are showing, the use of online videoconferencing and e-learning platforms under ERT circumstances raises several points of concern in terms of privacy and data protection (see here, here and here) as well as intellectual property, in particular copyright law (see here, here and here). This series of two blogposts intends to shed light on the critical aspects of and potential “creepy” functions hidden in the jungle of terms of service and privacy policies of online services used for ERT. Our aim is to verify whether sufficient and clear information is provided, in order to enable teachers to carry out teaching activities and interact with their students without uncertainties as to the potential legal consequences of their use and concerns regarding the protection of their personal data.