Does higher education law hinder the digitalisation of studying and teaching?

A new study by CHE Consult examines the impact of legal regulations on the digitalisation of studying as well as teaching and provides recommendations for policy-makers and universities.

Higher education legislation, especially at state level, has a considerable influence on the organisation of university teaching, which became particularly clear during the coronavirus pandemic. Although they react to developments and create framework conditions, federal and state regulations are also perceived as limiting the scope for action in the digitalisation of studying and teaching. On behalf of the Hochschulforum Digitalisierung, CHE Consult took a close look at legal texts and regulations and examined the extent to which they hinder the design of digital and digitally-supported teaching.

The study looks at the areas of data protection, copyright law, examination law as well as the “Lehrverpflichtungs-” (LVVO) and “Kapazitätsverordnung” (KapVO). The authors categorise whether and to what extent these obstacles perceived by university management correspond to the actual legal framework. They come to the conclusion that although the laws and regulations could be improved, they do not restrict the universities’ scope of action for the digitalisation of teaching and learning. Finally, based on good practices, they identify suggestions for improvement for policymakers and formulate recommendations for action for universities.