Artificial intelligence will not replace humans, but it will have a significant impact on the way we work and on the development of our clients’ products and services. Although AI or Artificial Intelligence is not new, its development and practical application has grown exponentially. The rapid expansion and almost daily new developments in the field of artificial intelligence raise numerous exciting and highly complex legal issues. The market penetration of generative AI models, such as the Large Language Model ChatGPT, and the associated legal, social and political debates show that this is not just a trend, but a huge economic upheaval.
We advise companies that want to develop their own AI tools or implement existing AI tools in their own business model. In doing so, we place particular emphasis on effective consulting with the goal of identifying and minimizing potential risks. We are convinced that innovations can also be shaped within the framework of legal regulation and that the opportunities offered by artificial intelligence can be harnessed.
The integration of AI systems into your company entails both technical and legal challenges. Whether it is the integration of a chatbot on your website or the complete integration of generative AI into your business processes – we are here to advise you.
We support you in the implementation of your AI governance project and help you clarify the legal framework and ensure that your company fulfils the legal requirements.
If you render services as an AI technology provider or would like to use the services of AI providers as a company, it is essential to draft legally compliant contracts. In addition to the clear definition of the scope of services, questions arise in particular regarding the scope of usage rights or licences and liability. We draft, review or negotiate contracts for you in connection with AI services and ensure that your interests are protected.
We support you in the legal analysis of data protection for the integration of AI systems in your company. In doing so, we examine the possible data protection scenarios where you may act as controller, processor or joint controller with respect to the integration and use of AI systems and draft or review the necessary legal texts (e.g., data processing agreements (DPA), joint controller agreements (JCA), controller-to-controller agreements, etc.). In addition, we review, supplement and create data protection information (DPI) and support you – if necessary – in conducting data protection impact assessments (DPIA). You can also rely on our expertise in the legally compliant design of AI-supported profiling and advertising scoring.
If a company uses AI to create content, for example, it is fully liable for the AI-generated content. For this reason, processes should be established early on to address and minimise the risks of the use of AI. We support you in the establishment of such processes and the drafting of AI guidelines for your company. From ethical guidelines to specific instructions – we ensure that your AI guidelines are legally compliant and adapted to the specific requirements of your company.
Anyone offering AI-based products and services, e.g. as AI software-as-a-service (SaaS), in B2B or B2C should specify the underlying legal framework in general terms and conditions (GTC) or terms of use (ToU). We support you in drawing up clear and comprehensible GTC that minimise the legal risks for your company, take into account the applicable GTC law and consumer law and at the same time offer your customers fair conditions for the use of your products and services.
With the entry into force of the European AI Act, further compliance requirements and high fines for non-compliance with the legal requirements, e.g. in the absence of transparency, are becoming relevant. We advise you on how you can ensure compliance with the relevant regulations with reasonable effort and at the same time fully utilise the potential of AI.
The use of training data for AI systems can raise complex questions about data protection, copyright and competition law. We help you meet these legal requirements and find the right balance between efficient data management and legally compliant practice. In doing so, we naturally take into account both national and international law.
We advise developers and companies that use AI tools on the complex issues of intellectual property. Under what conditions may available content, information or data be used to train AI tools? When is AI-generated content protected by copyright and how can it be contractually protected? We support you in clarifying these questions and making them legally compliant.
