Artificial intelligence (AI) is the issue of our time. No other technology today seems to raise as many hopes, but also fears. While the hopes, for example with regard to the conceivable advantages of AI such as the independent performance of individual tasks, and fears (for instance, concerns about complete surveillance by AI) frequently relate to strong AI, so-called weak AI is currently being used in practice. The use of weak AI generally involves methods of deep learning in neural networks. Germany’s Federal Government wants to advance the development of artificial intelligence in Germany, just like the European Commission has resolved to promote this technology in Europe.
Our lawyers can advise and support you in all aspects of this still very new area of law and help you to put the essential aspects into the right context and to understand them. We can assist you with the legal design of new data-based business models, legal issues regarding information procurement and data analysis as well as scoring and valuation models. We can also provide sound expertise and advise on all legal topics in the innovative areas of UAVs (Drones) & Robotics, Mobility & Autonomous Driving or E-health.
We can help our clients act in conformity with the law when developing and using artificial intelligence. The legal standard to be applied to artificial intelligence is anything but clear. New provisions and regulations are currently being drafted and issued at all levels. In particular the European Commission’s draft for a so-called AI Regulation will bring far-reaching provisions in this regard. We are in contact with the national and European legislative bodies on various issues in this context and actively contribute to the academic and public discussion.
From a legal perspective, AI-based products and applications naturally first of all give rise to questions about data protection. Compliance with the requirements for the secure handling of personal data, which result mainly from the European General Data Protection Regulation (GDPR), is imperative, as this is the only way how warnings and sometimes very high administrative fines can be avoided, for example.
In order for a company to be able to use the necessary data generated by the application for its own purposes, it is absolutely necessary, due to the as yet unclear allocation of the data to one of the actors involved, that contractual allocations be made. This is because statutory rules on who owns the data do not yet exist. A contractual agreement is currently the only way to ensure that the data can be used for further solutions and business projects in compliance with data protection law.
Another aspect that should be considered when using AI is liability and product liability issues in the event that malfunctions occur and cause damage. We can, for example, observe in this respect that the high level of integration of AI-based solutions results in the product monitoring obligation shifting to manufacturers and programmers.
In addition, when companies use AI solutions, it is of crucial importance that they take timely precautions to protect the work results generated by the AI. In this regard, too, contractual arrangements should be made as early as possible and with all the actors concerned.
We can only provide a brief overview of the relevant topics here. However, our lawyers deal with these topics in depth, as is shown by the large number of publications, amongst other things.
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