Nordic school of Proactive Law Conference 2005
Fusing Best Business Practices with Legal Information Management and Technology

Please note that this is a tentative programme and that changes may occur.

June 12th-14th

Main Conference Venue Stockholm Chamber of Commerce


June 12th

18-21 Welcome reception in the evening at the Royal Academy of Sciences (Kungl. Vetenskapsakademien, KVA)

June 13th

8.30 Registration and coffee

9.00 Introduction - Cecilia Magnusson Sjöberg, Conference Chair, Professor of Law, Stockholm University and Royal Academy of Sciences Research Fellow, Sweden

9.10 Opening keynote -What preventive and proactive law has to offer the IT business and vice versa - Edward A. Dauer, Dean Emeritus and Professor of Law, University of Denver, College of Law, USA

Although this has never been statistically tallied, it seems clear that legal risk may arise from either a failure of proactive documentation, or from a flaw in an organization's culture. People create legal risks, doing just what they believe the organization expects them to do. Indeed, it is probably true that whenever law and culture conflict, culture will almost always win. Legal risk management therefore calls for attention to both - to thoughtful proactive contracting, and to pragmatic shaping of a culture of legal compliance and good governance".


9.50-10.20 An economist's view of proactive law - Henrik Lando, Professor, Department of Industrial Economics & Strategy, Copenhagen Business School, Denmark

Proactivity is a natural part of law & economics. This presentation provides an introduction to why contracts and other legal arrangements should or should not be managed proactively. The presentation also comprises reflections on the (economic) effect of regulating or managing legal relations by technological means.

10.20-10.40 Coffee break


Session Chair: Jan Trzaskowski, Research Fellow, Law Department of Copenhagen Business school, Denmark

10.40 Single sign on market places and other legal challenges - Nicklas Lundblad, Vice President of Stockholm Chamber of Commerce, Sweden

Single sign on and other usability enhancing features may well lead to new problems; in creating pro-active solutions we often find new problems that need to be addressed. Here some examples of this will be discussed.


11.20-11.50 E-government - a prospering e-business model -Dag Wiese Schartum, Professor of Law, University of Oslo, Norway

E-government is to a large extent about transferring work from a government agency to other government agencies, private businesses and individuals. Such outsourcing may seem to entail a loss of government control and thus a higher risk of prospective legal conflicts. However, e-government as a prospering e-business model is about shifting work to other actors while still retaining control.


11.50-12.30 Panel discussion - New Business Models
Panel Chair: Emily M. Weitzenböck, doctoral research scholar at the Norweigan Research Center for Computers & Law, University of Oslo, Norway

The panel will discuss new forms of business co-operation and organisations such as virtual organisations, and also the use of such dynamic networks in public administration.

Panel members:
Nicklas Lundblad, Vice President of Stockholm Chamber of Commerce, Sweden
Thomas Myhr, senior advisor at the Norwegian Ministry of Trade and Industry, Norway
Dag Wiese Schartum, Professor of Law, University of Oslo, Norway

12.30-13.30 Lunch


Session Chair: Mats Vikström, CSC Nordic Manager Industry Solutions, GTS, Sweden

13.30 Information resources - the new corporate asset -Jarl Magnusson, Director, Norske Veritas (DNV), Information Resource Management, Norway

Information has become one of the most significant resources for the evolving Information Society, or Digital Society as articulated for this conference. Our ability to manage, use and control data and information will directly relate to the trust and confidence we can put in any organisation using IT systems to effectuate their respective mission. In order to fully realise the true potential of using digital information there are a number of Paradigm Shifts we need to pass through, like going from handling documents to managing the information content and going from identifying computers to identifying physical and legal persons. Proactive law applied to digital information will facilitate the Paradigm shifts required to realise the full economical potential in the Digital Society.


14.00 Vendor collaboration in the digital society - Babak Sadighi, Swedish Institute for Computer Sciences, SICS, Sweden

Traditional security mechanisms are designed to prevent bad behaviour or enforce good behaviour of users. For technical or economical reasons they are not suitable for use in collaborative environments. Agreements between enterprises prescribing how they should interact, how their interaction should be monitored, and what the consequences of their misbehaviour are, fill the gap where security mechanisms cannot be employed. Moreover, agreements will allow higher flexibility for the users to adapt their actions to current, sometimes unanticipated, situations, something traditional security mechanisms are unable to. However, managing these agreements requires security mechanisms, e.g., to ensure integrity of the agreements and to guarantee secure evidence-gathering for their fulfilments and non-fulfilments.
This talk will highlight the importance of and the need for languages and mechanisms supporting specification, management and enforcement of agreements among collaborating enterprises. We present some existing approaches and research developments in this area.


14.30 The value of information - the business perspective or when law is being outsourced - Jonathan Armstrong, Eversheds, UK

This talk will explain some of the experiences in looking at the value of information - the legislative background and likely additional pressure points for global businesses. Jonathan will illustrate his talk with case studies on issues likephising, cybersmearing, aggregation, blogging and paid for placement.


15.00-15.30 Coffee break

15.30 A business approach to long term archival of electronic documents - Mikael Dahlin, Corporate Archivist, Head of Documentation Department, Swedish Prosecution Authority, Sweden

E-business discussions about record management conventionally take its starting point in systems for different kinds of on-line transactions. Not the least formal legal requirements of long-term archival of business records prove in practice to be a true challenge to management. By proactively taking advantage of information standards much can be accomplished not only in terms of legal compliance but also as regards corporate governance.


16.00 Digital rights management - Niels Bo Jørgensen, Attorney-at-Law, Johan Schlüter law firm, Denmark

The understanding and value of information has changed concurrently with  the development of information technology. The legal protection of information has been severely challenged in the information age, but new technological approaches are emerging. This presentation provides a discussion on how technology can assist legislation in this field and how technology can provide a predictable situation for both providers and users of information.

16.30 Do we need electronic signatures and can we trust them? - Cecilia Magnusson Sjöberg, Professor of Law, Stockholm University, Sweden

Electronic signatures have come to play a more important role over the years both in the context of e-commerce and e-government. It is now high time to reflect upon which security functions that are in fact needed from a legal point of view in order to accomplish trusted e-business. A legal risk analysis is particularly motivated considering that electronic signatures might give rise to un-founded  trust as well as un-founded mistrust.

17.00-17.15 Refreshments

17.15-17.45 Panel discussion - Secure Legal Information Management
Panel Chair: Hjördis Halldorsdottir, Attorney at Law, LOGOS - legal services, Iceland

The panel will discuss technical security mechanisms and the law – potentials and pitfalls.

Panel members:
Per Furberg, LL.M., Attorney at Law, Settewalls Law Firm, Sweden
Anna Nordén, LL.M., VP Legal and Regulatory Affairs, TrustWeaver AB, Sweden
Rolf Riisnæs, doctoral research scholar. Research Center for Computers & Law, University of Oslo, Norway
Fredrik Roos, LL.M., Attorney at Law, Settewalls Law Firm, Sweden


19.30 Infodata AB invites to Conference dinner at Fem Små Hus

June 14th

9.00 Welcome to Day 2
- Cecilia Magnusson Sjöberg, Conference Chair


Session Chair: Eric M. Runesson Partner at Sandart & Partners, Sweden

9.20 Proactive Law in Practice: Safe Sales through proactive contract management, online and offline - Helena Haapio, International Contract Counsel, Lexpert Ltd, Finland

Even small transactions can expose a company to a large overall risk. The global reach of today’s business involves new customer and legal requirements. Misunderstandings, claims, and disputes are expensive. Automated processes and forms can multiply the hazardous impact. Instead of profits, they may be generating problems at Internet speed. This session suggests that many of these issues can be resolved through effective inter-professional collaboration in the planning, design, and management of sales and contracting processes. Together, we can secure Safe Sales: embed proactive preventive law into our clients’ contracting processes, on-line and offline.

10.00 E-negotiations - Eric M. Runesson, Partner at Sandart & Partners, Sweden

IT has opened up a great opportunity to use software solutions in order to facilitate analysis, decision-making and agreement drafting. At the same time IT has brought forth a new communication channel for negotiators which have proven to be both good and bad. This presentation will discuss and demonstrate how IT-solutions can be used proactively in contract negotiations and address some of the ways in which the perils inherent in e-communication can be avoided.

10.40-11.00 Coffee break

11.00 Websites, new legal risk exposure and insurance - Sari Lintumaa, Senior Manager, Aon Finland Oy, Finland

Websites and new technologies offer vast opportunities to expand business worldwide, collect information and communicate faster than ever. On the darker side of these opportunities hide new legal risks, such as infringement of intellectual property rights, damage to computer data or network, and losses sustained due to denial of service. Legal risk may realize with disastrous effects. Insurance programs may offer financial help - or not. Traditional insurance policies still have gaps in respect of website legal risk exposure. Proactive measures are needed to manage these risks and to build insurance cover where possible.

11.40 Legal risk management in a global, electronic marketplace - Jan Trzaskowski, Research fellow, Law Department of Copenhagen Business School, Denmark

Trade and marketing on the Internet entails a number of legal risks. This presentation focuses on cross-border law enforcement and how businesses may manage the risk of infringing foreign law. This includes a discussion of both traditional and alternative law enforcement and questions relating to geographical delimitation of content on the Internet.


12.20-13.20 Lunch

13.20 Panel discussion - Managing Contracts and Risks
Panel Chair: Christina Ramberg, Professor of Law, Göteborg University, Sweden

Fusing contract and risk management with IT: How does it work?

Panel members:
Anette Kavaleff, LL.Lic., Legal Consultant, Oy Kavaleff Consulting Ab, Finland
Soile Pohjonen, LL.D., Postdoctoral Researcher, Academy of Finland, University of Helsinki, Finland
Carolyn Paris, A.B., M.A., J.D., M.B.A.; Director of Professional Systems, Mayer Brown Rowe & Maw, London UK
Anders W. Tell, Consultant, Toolsmiths AB, Sweden
Mats Vikström, CSC Nordic Manager Industry Solutions, GTS, Sweden

14.40-15.00 Refreshments

15.00 Summing ups:

How to benefit from proactive law in practice - Edward A. Dauer, Professor of Law, University of Denver, College of Law, USA College of Law, USA

Peter Seipel, Professor of Legal Informatics, Faculty of Law, Stockholm, Sweden

On the e-business agenda for The Nordic school of proactive law - Cecilia Magnusson Sjöberg, Professor of Law, Stockholm University, Sweden

16.15 Conference ends




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Working Party for Proactive Law in E-business
Editor: Professor Cecilia Magnusson Sjöberg
+46 (0)8 16 28 93