Artificial intelligence is already an integral part of our personal and professional lives comprising much more than the media transmitted image of a robot. The impact of artificial intelligence is ground-breaking; to comprehend its revolutionary impact we need to think back to the last century and consider how the invention of electricity changed our lives forever. Although the potential of electricity was clear from the outset, its wider diffusion took more than 40 years; this is comparable to AI today.
AI is in fact a group of technologies (from Machine Learning to Natural Language Processing) that allows machines to perceive, understand, act and learn. At the heart of the control centre are algorithms: a series of codified rules that solve complex informatic calculations in a sequence of precise steps.
The use of AI in the corporate world is still in its infancy but it’s only a matter of time before it occupies a pivotal role in business that will radically transform how we transact. Even though encouraging results from AI are already visible today, significant risks exist for both developers and users. It is therefore crucial to be trained on data selection and exploitation when using AI to improve the efficiency of organizational models, production processes or service provision.
Indeed, the development and commercial release of systems and products that use AI technology requires manipulating huge masses of data: immaterial information that is an essential resource for innovation, competition and economic growth.
Interaction with artificial intelligence automatically implies running a series of pre-emptive valuations and checks, not limited to information technology but also considering ethical and judicial aspects that require specialist legal expertise.
The most pertinent aspects to retain are:
a) Analyses and training have to be carried out with anonymous data (privacy by design)
b) Maximal respect of transparency rules for the documentation of processes at the source of the algorithm (black box explanation)
c) Proportional and limited data access defined according to precise purposes (privacy by default)
d) Evidence of minimal risk of discrimination (fairness by design)
e) Definition of roles and responsibilities in the chain of interested parties, including developers, producers, trainers, distributors and users to name a few (product liability)
f) Design and drafting of insurance profiles to legally protect newly automated products and services
The impact of AI in legal terms is sensitive and complex, ranging from the border of human enhancement to civil responsibility (damage caused by automatized or smart products), intellectual property, patent law and protection of privacy, employment law and contractual documentation. All of the afore-mentioned aspects are significant yet challenging to frame in a legal context.
We actively follow ongoing discussions and debates on the national, European and international scene to provide specialist legal consultancy to companies, software houses, innovative start-ups, and scientific and technical research institutes whose role is to develop progressive technologies. We do this either through the provision of interdisciplinary legal opinions, by helping clients to register patents and/or by drafting the contractual details linked to smart product commercialization.
Finally, in partnership with important tech-players and avantgarde university research institutes, we provide support to companies who wish to adopt or implement AI powered productive processes and services by verifying legal compliance and/or evaluating legislation in the field of risk prevention.
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