Companies Must Legally Regulate the Use of Artificial Intelligence or πͺπ¨π―π°π³π’π―π΅πͺπ’ πͺπ―π΅π¦πππ¦π¨π¦π―π΅πͺπ’π¦ π’π³π΅πͺπ§πͺπ€πͺπ’ππͺπ΄ π―π°π€π¦π΅?*
Author I BoΕ‘tjan Ε pec
You may recall the news that Samsung employees in its semiconductor division unintentionally disclosed confidential source code by uploading it to ChatGPT in an effort to improve it.ΒΉ Or perhaps youβve heard about the California lawsuit against Peloton, the well-known manufacturer of premium indoor cycling equipment. The company is facing a class action for alleged privacy violationsΒ² after using Driftβs AI system, which intercepted and recorded user communications on its website without consent.
Have you considered how your employees β or you yourself β are using artificial intelligence at work, even with the best intentions?
Technological change, particularly in AI, no longer unfolds over years but over months and weeks.Β³ As AI evolves, so does the use and reuse of data entered into these systems or shared online. As a result, companies are exposed to new AI-related risks on a daily basis β risks they are often not prepared for.
A complete rejection of AI in business operations is not a viable solution. While it may offer partial protection from certain risks, it inevitably leads to a loss of competitiveness against those who adopt AI responsibly. The real question is no longer whether to use AI, but how to use it safely and in compliance with the law.
It is particularly important to examine issues such as liability for outcomes generated through the use of artificial intelligence, compliance in the use of AI systems classified as high-risk under the AI Act (for example, use in relation to employees), the protection of trade secrets and personal data, the potential impact of AI use on copyright protection, and similar matters.
One of the first steps toward responsible AI use is the implementation of clear internal policies (e.g. an AI usage policy). This should be followed by tailored adjustments based on the companyβs activitiesβparticularly in relation to high-risk systems, data governance, and intellectual property protection.
If you are navigating these challenges or have questions about implementing AI within your organisation or in relation to your clients, our interdisciplinary team β combining expertise in employment law, intellectual property, and commercial law β is ready to assist.
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* Ignorance of artificial intelligence is harmful (any imperfections in the Latin translation are the responsibility of an AI translator π).
ΒΉ https://www.forbes.com/sites/siladityaray/2023/05/02/samsung-bans-chatgpt-and-other-chatbots-for-employees-after-sensitive-code-leak/
Β² Jones v. Peloton Interactive, Inc., No. 23-cv-1082-L-BGS, 2024 U.S. Dist. LEXIS 118511 (S.D. Cal. July 5, 2024).
Β³ Artificial intelligence is evolving at a pace that is increasingly difficult to track. See https://news.sky.com/story/ai-is-developing-so-fast-it-is-becoming-hard-to-measure-experts-say-13512068.
