Law as a framework for digitalisation

In an article for ‘DUZ’, Senior Consultants Anna Gehlke and Dr Ingeborg Lasser report on the joint responsibility of politicians and universities to create a legal framework for further digitalisation in teaching and studies and to regularly adapt it to current developments. The article is based on a case study conducted by CHE Consult for the Hochschulforum Digitalisierung.

The study was devoted to the question of which state policy frameworks promote or hinder the digitisation of teaching and learning from the perspective of five university management teams. It became clear that it is usually not the specific wording of certain regulations that poses a challenge for universities, but rather uncertainties in their practical implementation.

There are particular difficulties in interpreting data protection legislation and regulations on digital examinations.

Possible solutions are suggested:

• Clear definitions and recommendations for action at state level to facilitate consistent implementation
• Development of recommendations for the implementation of data protection and copyright law with the involvement of experts
• Use of discretionary powers of university management to create internal rules for the recognition of digital formats
• Adapting examination regulations to digital teaching methods with clear guidelines
• Systematic classification of digital teaching formats and consideration of teaching obligations
• Cooperation between universities, e.g. through shared IT resources and data protection officers

Overall, it is clear that close cooperation and clear regulations at state and university level are essential to fully exploit the opportunities offered by digitalisation in higher education.