Artificial Intelligence

Two directives

The above regulation distinguishes between different risk profiles. As AI poses higher risks to citizens, the obligations for AI innovators increase. These innovators, such as those who develop, or want to apply, AI, must comply with the standards set out in the regulation. In addition, the European Commission is preparing two directives that will apply in conjunction with the AI regulation.

1) AI Liability Directive.This sets rules for and imposes obligations on innovators. These govern the preservation and provision of evidence and the functioning of AI systems. In addition, it contains tools for victims who have been harmed by AI output and who want to recover their damages.

2) Product Liability Directive. This is being revised in view of the emergence of AI systems. Software and AI will be covered by this legal directive. Manufacturers will be required to continue providing AI systems with security updates. And this again includes obligations as regards evidence, for AI producers, lowering the threshold of evidence for victims of faulty AI systems. In addition, the system of liability exclusions will be reviewed.

Of course, there is also the General Data Protection Regulation (GDPR), which already applies to most AI applications. In addition to the general obligations, more specific regulations dealing with automated decision-making and profiling may be included.

What we do

The specialists at Kienhuis Legal help your organisation become AI-compliant. But we also support clients if damages have arisen due to faulty AI software or harmful AI output. Naturally, we can assist in AI contracting. Now that we know what the new rules will look like, it is wise to consider how they will affect your organisation and to develop AI policies that are compliant with them.