Legal Risks of E-Learning: A case study of the small jurisdiction Macao versus some major jurisdictions

This article analyzes the legal concerns and risks underlying e-learning and the seriousness of their consequences and compares the related legal landscape in the small jurisdiction Macao with those in such major jurisdictions as the United States, the European Union, and Australia. Three major legal concerns or risks, namely intellectual property, privacy and data protection, and student accessibility, are identified and examined notwithstanding the existence of others. The generic ways educators can fall prey to these risks are illuminated, and the related similarities and differences between the above jurisdictions are highlighted, drawing on several key statutes, acts, and court cases that help shape the legal frameworks in these jurisdictions. This article concludes with recommendations for mitigating these concerns and risks for educators in Macao and the major jurisdictions.