Legal aspects of the use of artificial intelligence (AI)

Good thoughts and impulses from the event "With great power comes great responsibility - An update on the legal implications of artificial intelligence" as part of the #DKF2024 in Munich under the motto "Artificial Intelligence and financial information: the race is on"

The introduction of artificial intelligence (AI) into various areas of work and life raises numerous legal questions. Here are some important legal aspects that companies and users should consider when applying AI systems. Who is responsible for AI? This question is not easy to answer. One thing is certain, however: AI is not responsible. It is difficult to determine whether the developer, the provider, or the user is responsible. Copyright law plays a particularly important role here—where does the code that provides AI come from?

Liability issues

Due to the lack of transparency of the algorithm – because the same query can produce a different result – AI decisions can have consequences for natural persons. Damage caused by AI systems can arise in various ways, e.g., through imperfect data processing, manipulation of learning data, or incorrect decisions. Currently, there are no clear answers in tort law regarding liability for AI damage. The European Union's AI Act is an important step toward regulating artificial intelligence (AI). On March 13, 2024, the European Parliament unanimously adopted the final version of the AI Act. The AI Act is expected to come into force in 2026 and will regulate the use of AI in the EU.
There will also be further changes, such as product liability being extended to AI products and AI liability guidelines. Both changes are subject to national law.

Data protection

Data protection laws such as the GDPR (General Data Protection Regulation) also apply to AI. Companies must therefore ensure that personal data is adequately protected when using AI. However, large amounts of data are required for development, which in turn leads to a higher risk of cyber-attacks.

Labor law

When introducing AI in the workplace, employers must take the rights of employees into account. Company agreements and working time regulations should cover the use of AI.
Overall, it is advisable to familiarize yourself with these legal aspects and to pay attention to the legal framework when using AI systems and to treat AI with caution—especially in sensitive areas.

Further questions and suggestions can be discussed in an appointment !