Artificial Intelligence

ChatGPT, Aleph Alpha, Midjourney and other artificial intelligence solutions will fundamentally change the way we work. Such AI systems raise a number of legal issues. Of particular note is the copyright and privacy assessment of whether and how third party data, images, or text may be used for training the systems or for inputs (prompts). Work results of the AI systems (output) can – depending on the way the AI works – also infringe copyright usage rights of third parties. Different requirements also apply to the internal use of an AI system and its integration into a product offered on the market. Current law already contains many regulations for AI systems, considering, among other things, copyright and data protection law.  EU digital legislation will regulate AI systems according to their risk to humans and their fundamental rights. To this end, the AI Act (AI Regulation) will soon come into force in this regard.

We accompany test projects to evaluate the opportunities and risks posed by the use of artificial intelligence and support the subsequent introduction of these systems, whether for private companies or public sector enterprises. We holistically examine relevant technologies, taking all legal requirements into account. In doing so, we advise in particular on therequirements under data protection law, but also on the challenges under copyright law, liability law or labor law. Our antitrust experts also evaluate whether collaborations to develop or deploy AI are permissible, whether AI systems can be used to analyze or share market data, and with respect to data access claims. With regard to the long-term nature of investment decisions, we take into account not only currently applicable laws but also planned rules relating to AI, in particular the European AI Act (AI Regulation) and other parts of the EU digital legislation (Digital Markets Act, Digital Services Act, Data Act, Data Governance Act, etc.).