AI law in IT law

14/01/2025 horak Lawyers

AI law brings with it a number of new legal challenges for IT law. These arise from the specific properties of AI systems, like autonomy, Complexity and data dependency. The following are the main legal challenges, practical examples and the role of lawyers in this context are presented:

1. Liability issues with AI systems

  • Challenge: It is often unclear, who is liable for damages, that arise from decisions or actions of AI systems. This particularly affects autonomous systems, that operate without direct human intervention.
  • Example: An AI-controlled vehicle causes an accident. Who is liable?: the manufacturer, the operator or the software developer?
  • Task of the lawyers:
    • Analysis of liability under applicable law (with. B. Product Liability Act, Criminal law).
    • Advice on reducing risk through contracts and liability exclusions.
    • Representing clients in court proceedings regarding AI-related damages.

2. Data protection and data processing

  • Challenge: AI systems process large amounts of data, often personal data, which are subject to the strict requirements of the GDPR.
  • Example: An AI analyzes customer data, to provide personalized recommendations, but stores more data than necessary and thus violates the principle of data minimization (Art. 5 DSGVO).
  • Task of the lawyers:
    • Checking data processing for GDPR compliance.
    • Creation of data protection guidelines and declarations of consent.
    • Advice on data protection impact assessments (Art. 35 DSGVO).

3. Bias and discrimination

  • Challenge: AI systems can make discriminatory decisions, if the underlying data is distorted or has not been trained to be representative.
  • Example: An AI for applicant selection prefers male candidates, because the training data contains historical biases.
  • Task of the lawyers:
    • Assessment of discrimination risks.
    • Advice on compliance with anti-discrimination laws.
    • Developing strategies to minimize bias in AI systems.

4. Copyright and Intellectual Property

  • Challenge: It's controversial, who owns the rights to works generated by AI or whether such works even enjoy copyright protection.
  • Example: An AI creates a work of art. Can the developer of the AI ​​claim copyright, or is the work considered to be in the public domain?
  • Task of the lawyers:
    • Advice on copyright issues regarding AI-generated content.
    • Drafting contracts to regulate rights to AI products.
    • Resolving intellectual property disputes.

5. Transparency and traceability

  • Challenge: Many AI systems are so-called “Black Boxes”, whose decisions are not transparent or comprehensible. This can lead to fairness and accountability issues.
  • Example: An AI rejects a loan application, without the decision being understandable for the applicant.
  • Task of the lawyers:
    • Advice on transparency requirements, especially with regard to the EU AI regulation.
    • Support in creating understandable explanations for AI decisions.
    • Representing clients in disputes about incorrect or unclear decisions.

6. Regulation and compliance

  • Challenge: The EU AI regulation and other regulations create a new legal framework, the strict requirements for development, the use and monitoring of AI systems.
  • Example: A company develops an AI-powered medical product, that does not fully meet the requirements of the EU AI Regulation.
  • Task of the lawyers:
    • Advice on compliance with regulatory requirements.
    • Support in the certification of AI products.
    • Creation of compliance guidelines and training of employees.

7. Contract drafting and liability clauses

  • Challenge: AI projects require specialized contracts, the aspects such as data licensing, Cover liability and intellectual property.
  • Example: A company hires an AI developer, but there are no clear regulations on liability for errors in the AI ​​system.
  • Task of the lawyers:
    • Creation of AI-specific contracts (with. B. Development contracts, License agreements).
    • Negotiation and securing of liability clauses.
    • Settlement of disputes about breach of contract.

IT law and AI law

Lawyers in the IT sector- and AI law play a key role, to minimize legal risks and provide clients with legal advice in an increasingly technological world. Your tasks range from contract drafting and compliance advice to representation in disputes and the development of strategic approaches for dealing with new legal challenges.

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