E-learning

Key Elements of Electronic Learning Agreements

Although “e-learning” has been in our lives for many years, current data show that the global growth rate of the industry has gained momentum with the new world order brought by the pandemic.

States create central electronic learning systems and content, the use of websites that bring educators and students together becomes widespread, corporate e-learning is preferred by companies and their employees, and the number of people who organize workshops and trainings through video conferencing applications is increasing day by day.

As the market grows at this rate and technology develops, the legal relations between the subjects of electronic learning are also diversifying and becoming more complex. On the subject of electronic learning, which includes technology and education at its base, taking legal measures in a timely manner is of great importance for every subject of the sector. In this article, we will focus on the key elements of e-learning contracts, based on the legal problems faced by our clients in the e-learning sector.

1. Ownership and Intellectual Property Rights

Materials subject to e-learning may belong to the educator or a 3rd party. For this reason, it is of great importance in electronic learning contracts that the ownership of the course materials and content of the training provided are clearly determined in terms of the results to be attributed to the entitlement.

In addition, due to the nature of the property right, the issue of determining the right holder is closely related to the prevention of unauthorized usage which will be explained below. In this direction, provisions should be drafted to protect the owner’s rights while considering the nature of education and the technology.

2. Liability

It is of great importance to determine the liability provisions within e-learning agreements in order to prevent future demands and claims regarding the content or the failure of the technology that serves the content.

3. Appointment System

As a kind of intermediary activity, some electronic learning systems are based on bringing together the educator and the student. In such systems, the methods regarding the way of bringing the educator and student together for educational purposes should be clearly stated in the contract (eg, making a lesson appointment, choosing the educator, etc.).

4. Payment and Refund Terms

As in every contract, it is very important to include the methods of remuneration, payment and refund, if any, into the contract in electronic learning contracts. In addition, as per the Consumer Protection Law and the relevant legislation, the commissions to be collected by the intermediary system should be clearly stated in the contract in accordance with

5. Data Protection

Data processing activities must be designed in accordance with the Law on the Protection of Personal Data and relevant legislation, and legal consent must be obtained from the subject whose personal data is processed.

6. Preventing the Recording and Use of Courses and Course Materials

Acts that will cause the violation of the intellectual property rights of the owner, such as recording or using course content, and their consequences should be clearly specified in the contract.

7. No Commitment to Result

Electronic learning may be oriented to a proficiency test. However, as it is known, the success of the student in the exam depends on many factors. Therefore, the e-learning program shall not commit to a result for the proficiency exam. The existence of this irresponsibility clause in the contract is of great importance in terms of related claims and demands.

Apart from the specific issues listed above, parties’ obligations, events of default, termination terms and force majeure events should also be designed in accordance with the essence of the electronic learning contract.

It should also be noted that the legal rules to be applied to e-learning are also affected by the legislation on areas such as e-commerce, data protection and freedom of expression. For this reason, it is of great importance that the electronic education contracts, which are the subject of our article, are drafted by blending more than one legal discipline in an appropriate way.

Att. Merih Okuyaz

This article has been prepared for informational purposes only and does not constitute advertising, offer or legal advice in any way. We recommend that you consult your legal advisor for your questions and problems on the subject. All rights of this article belong to its author, it cannot be used without permission, even partially.