While lawyers have had various forms of AI available to them for years, it is generative AI and the development of large language models (LLMs) which is likely to represent a fundamental shift for dispute resolution. This technology now offers language capabilities that have never been seen before, and is likely to transform the way lawyers conduct proceedings.
Artificial Intelligence-as-a-Service (AIaaS), in the same vein as Software-as-a-Service and Infrastructure-as-a-Service, refers to cloud-based tools that allow businesses to gain access to an AI model hosted by a third party provider.
Many companies will no doubt be considering using AI within their business to take advantage of the massive opportunities for increased productivity and cost efficiencies promised.
When it comes to the interaction of AI and IP rights, bar a flurry of activity surrounding the inevitable outcome by all of the courts including the Supreme Court in the Thaler, Dabus case, most attention has been focussed on copyright. There are three main potentially thorny issues and all have been extensively covered by the mainstream media.
Back in October 2022, the White House published federal guidance – a Blueprint for an AI Bill of Rights identifying five principles aiming to guide the design, use, and deployment of automated systems. It was designed to operate as a roadmap to protect the public from AI harms and was followed in October 2023 by the US President's Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence...
The EU AI Act, the main elements of which are covered in our previous article, was provisionally agreed in December 2023. Shortly after it was agreed, the Commission released some Q&As to flesh out the key provisions and timelines for application. It is anticipated that the latest text of the Artificial Intelligence Act will be formally adopted by both Parliament and Council in April, triggering a graduated two year period for compliance (with obligations for high-risk systems defined in Annex II applicable in 3 years).
There has been consistent messaging from the UK Conservative-led government that the UK has decided to adopt a light touch approach to regulating AI. This was evident in the AI white paper published in March 2023 which outlined a principles based framework (see ['The Ethics of AI – the Digital Dilemma'] for more information about the principles themselves and see here for additional coverage of the AI white paper). The UK government held a consultation on the AI white paper in 2023 and published a response on 6 February 2024 that adds slightly more flesh to the bones of the UK framework.
Whilst there is no universal definition of what constitutes artificial intelligence, at its core, AI refers to the simulation of human intelligence in machines that are programmed to think and learn like humans. This encompasses the ability to reason, learn from experience, understand complex concepts, interact with their environment and look to solve problems.
As with any new technology, existing data protection and privacy, intellectual property, competition, product liability, data security and consumer laws apply to its application in each jurisdiction. This has thrown up a number of important and newsworthy issues and considerations for AI developers and providers, legislators, consumers and rights holders. There are also several sets of high profile legal proceedings both decided and ongoing in several jurisdictions. These issues and legal proceedings are discussed in other sections of this AI Guide.
We take a closer look at businesses' obligations under Hong Kong law to protect personal data in a cross-border transfer and the new recommended model contractual clauses.
As financial entities and ICT service providers undergo the final stages of implementation of the Digital Operational Resilience Act (DORA) requirements into their systems and processes, it is imperative to understand the legal developments and ongoing updates arising from EU Member States as they go through their respective transposition and alignment processes. Through TerraLex - our global legal network, which provides us with access to 22,000 lawyers from highly regarded and carefully vetted law firms stretching more than 120 countries – we have collated legal updates focusing on DORA and its implications in EU jurisdictions.
Welcome to the fifth edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a regular basis with an easy-to-digest summary of key developments in data protection law.
Welcome to the fourth edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a regular basis with an easy-to-digest summary of key developments in data protection law.
Welcome to the third edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a monthly basis with an easy-to-digest summary of key developments in data protection law.
Welcome to the second edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a monthly basis with an easy-to-digest summary of key developments in data protection law.
Welcome to the first edition of Data Dispatch from the Data Advisory team at RPC. Our aim is to provide you on a monthly basis with an easy-to-digest summary of key developments in data protection law.
Two interesting recent developments in the case law relating to data subject litigation. These further undermine the viability of low-value claims for personal data breaches for claimant law firms.
New guidance from the Court of Appeal for parties involved in an action against another individual for loss and damage suffered as a result of a contravention of the provisions of the PDPA.
The number of cyber-attacks is on the rise. In particular, financial services companies have been identified as key targets for threat actors in the Q2 of 2022.