Artificial Intelligence is currently being regulated. EU Institutions have recently proposed the AI Regulation, which distinguishes several types of AI, and classifies these according to the potential risks for citizens. The regulator intends to set increasingly strict norms when citizens are exposed to greater risks that may result from the deployment of AI. Innovators are obliged to comply with these norms, through mechanisms comparable to those under the General Data Protection Regulation (GDPR). These norms can be enforced through public enforcement by a Supervisory Authority, and through civil liability mechanisms.

The EC has also proposed the AI Liability Directive, which closely correlates with the AI Regulation. Under this directive, AI-innovators will be obliged to secure and provide evidence of the operation of AI-systems to potential victims of the outputs of these systems. The AI Liability Directive furthermore holds procedural aids for victims, and corresponding obligations for innovators. Also the proposed Revised Product Liability Directive seeks to offer effective remuneration mechanisms for citizens suffering damage from defective AI – and other products. AI and software are brought under the scope of the directive, and AI-producers will become obliged to keep their systems safe. Furthermore, substantial procedural aids for victims will be regulated, and it will become harder for producers to exonerate liability based on the exceptions.

Besides the proposed rules for AI, also the GDPR holds norms applicable to AI-providers and -users in general, and specific rules when AI might inter alia result in “automated decision making” and “profiling”.

KienhuisHoving can assist in reaching and maintaining compliance with the GDPR and proposed AI-norms. Although the definitive texts of the regulatory frameworks for AI are not available yet, it is advisable to start preparing for compliance, as the contours and principles can yet be identified. We can also assist in cases where AI caused damage, and where AI-related contracts need to be made or executed. Mr. dr. Roeland de Bruin leads the AI-team. Roeland wrote his PhD-thesis on regulating AI-innovation. He also advised the European Parliament in their regulatory efforts regarding AI liability. Roeland has been a “legal node” in several multi-disciplinary networks regarding the development, deployment and acceptance of AI and robotics.

Interested in AI, law and regulation? Contact Roeland de Bruin (coordinator AI-team)!
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