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Work package 3: Services - clarification of the legal framework

With the prospect that digital and hybrid teaching will be an essential part of the new normal, it is essential that information on the existing legal framework is available for teachers and students. This information must be well-founded, comprehensive and as standardized as possible.

Legal challenges are to be overcome in the project on the basis of the expertise of ELAN e.V. for all project partners. The legal framework to be clarified for digital and hybrid teaching includes questions of copyright, data protection, university and capacity law as well as questions of e-examination law (especially open book examinations), the cross-location provision of services that require data processing or the development of material for and licensing of OER.

The specific measures in work package 3 concern

  • The networking of ELAN e.V. with those responsible for legal matters or the data protection officers at the collaborative universities
  • The development and provision of information, handouts, services and training courses

Products and results

Recognition options for e-learning formats

More and more digital teaching formats are finding their way into teaching. The question arises as to how the voluntary provision, creation and supervision of digital teaching services can be credited to and rewarded for the teaching load in accordance with the LVVO Nds. This paper identifies the possibilities offered by the LVVO Nds. and discusses possible solutions to capacity issues.

Online examination regulations according to the NHG

The new Section 7 (4) of the NHG allows universities to include online examinations in their examination regulations, subject to certain requirements, and thus create a legal basis for this form of examination. This paper identifies the legal requirements for such regulations. The appendix contains sample framework examination regulations with associated data protection information and a declaration of consent from the examinees. These samples were developed in a working group of the legal departments of the universities involved in the SOUVER@N project.

Legal aspects of the use of AI in studies, teaching and examinations

AI generators are increasingly being used by teachers and students in studies, teaching and examinations. Teachers can use AI tools to create and update teaching material, to illustrate teaching or to assess coursework and examinations. Students can use AI tools to create coursework or examinations. ChatGPT and Dall-E from the US provider OpenAI are frequently used. This paper provides an initial overview of the current legal situation regarding the use of AI for the AK AI orientation framework.