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AI-Based Products — State of the Current Legal Discussion

Autonomous intelligent systems have raised many fears and concerns in the general population worldwide, moving products equipped with artificial intelligence into the sights of regulators, lawmakers and the legal profession in general.

This presentation will give a comprehensive overview of the current discussion in several different areas of the law, focusing on the specific questions raised by typical critical properties of AI-based products:

  • Liability and insurance

  • Data privacy law and GDPR

  • Development contracts for AI and (allegedly) defective AI

  • Contracts closed by AI

  • Protection of AI-based products as intellectual property

  • Do we need the legal concept of an “ePerson” for AI-based systems?

Especially due to the elusive and dynamic technical nature of the term “artificial intelligence”, the current legal discussion does not yet have ready-made and court-tested answers to all arising questions. However, under close technical inspection, many of the issues arising when developing and using AI-based products are quite comparable to the legal situation concerning existing, classical IT- and automation systems. The objective of this presentation is to give the technical audience an overview of those aspects of AI-based products with critical legal implications and possible solutions.

Dr. Oliver Stiemerling is a computer scientist by training and works as a court-appointed expert witness and consultant at the interface between the legal and technical world, “translating” abstract legal requirements into specific technical solutions and designs. 

Dr. Markus Kaulartz is a former software developer and today a lawyer at CMS Hasche Sigle. He specializes in IT and data privacy laws and focuses on legal issues of future technologies and new business models, such as blockchain and artificial intelligence. He is co-editor of the legal handbook "Artificial Intelligence", which will be published by Beck-Verlag in spring 2020.