Artificial
Intelligence
Since the introduction of language model chatbots such as ChatGPT, Artificial Intelligence has been on everyone’s mind – and it raises numerous legal questions that sometimes pose major challenges for courts. After all, the underlying technology is diverse and complex, and its areas of application are numerous. The term ‘AI compliance’ is now becoming established in companies.
This raises legal questions throughout the entire value chain. Companies developing AI want to know which data can be used for training AI under what conditions, what licence terms apply, and which licensing models are suitable for their own software.
Legal questions arise beyond copyright law. What requirements of the AI regulation must be observed when distributing and/or using the developed AI system? Are there any data protection aspects to consider?
AI users (or ‘operators’ as defined in the EU AI Regulation) should not use AI without careful consideration. Which AI systems can be used in compliance with data protection and confidentiality requirements, and what data can be entered into them in the context of prompts? Are there any obligations under the AI Regulation that must be complied with? What is the situation regarding AI expertise within your company?
Creators, on the other hand, are primarily concerned with whether and how their works can be used for AI training, and how they can influence or prevent this if necessary.
Case law is also gradually catching up, with the first judgements providing insight into how the courts interpret copyright restrictions. The EU Commission regularly issues new guidelines on the AI Regulation, among other things.
It can sometimes be difficult to keep track of everything and avoid getting lost in the regulatory maze. We are aware of this, which is why we are always happy to advise our clients. Since legal issues can be as diverse as AI applications, our specialists work across teams to provide advice. Together, we provide guidance at a time when AI is raising questions faster than the law can answer them.