This series of webinars will address the potential impacts of artificial intelligence (AI) regulations on business across the globe. Recent developments in general availability of AI and generative AI solutions are leading regulators, at a global level, to consider legal frameworks to protect both individuals affected by AI and digital sovereignty. Our panelists will address these potential regulatory developments, as well as the expected timeline for these changes, region by region.  

Our first panel will feature a discussion focused on current and future regulatory requirements on the AI industry throughout the EU and the UK. With the language of the EU’s Al Act heading into its trialogue, it is even more important for stakeholders to understand the EU’s approach and prepare for the potential impact of this regulation in Europe, UK, and beyond. The panelists will address key questions, such as:

  • What new undertaking will be bearing on the stakeholders in this industry?
  • Will government regulation be “technology neutral”?
  • Could the various frameworks lead to conflicts for local compliance efforts?
  • Will a requirement for an AI system to explain its thinking or provide substantive sources for all results have a deleterious impact on its ability to “think” independently?  
  • Is it too late for stakeholders to have a say in these expected frameworks?

Speakers:

Claude-Étienne Armingaud | PARTNER | PARIS

Giovanni Campi | POLICY DIRECTOR | BRUSSELS

Jennifer Marsh | PARTNER | LONDON

Register here: K&L Gates Website

Watch the recording here.

August may be perceived as the month where France shuts down for the summer. Yet, just before the summer ’23 holiday, the French Data Protection Authority (“CNIL”) published several call to action for the various players of the data ecosystems in general and in artificial intelligence (AI) in particular, following its 16 May 2023 announcement of an AI action plan:

  • Opening and re-use of publicly accessible data – The CNIL published a draft guidance on the such data usage, and all stakeholders are invited to weight in until 15 October 2023 before its finalization. While non-binding, this guidance is expected to lead the way on how the EU’s Supervisory Authority will apprehend and enforce the General Data Protection Regulation (“GDPR”) when personal data is scraped from online sources and subsequently used for subsequent purposes. This notably focuses on Art. 14 GDPR and the indirect collection of personal data and specific prior information requirements. Artificial Intelligence is explicitly mentioned by the CNIL in the draft, as such data, which feeds large-language models, “undeniably contributes to the development of the digital economy and is at the core of artificial intelligence.” Stakeholders are invited to submit their observations online through the dedicated portal.
  • Artificial Intelligence Sandbox – Following in the footsteps of its connected cameras, EdTech & eHealth initiatives, the CNIL is launching an AI sandbox call for projects, where stakeholders involved in AI in connection with public services may apply to receive dedicated assistance by the regulator to co-construct AI systems complying with data protection and privacy rules.
  • Creation of databases for Artificial Intelligence uses – Open to the broadest possible array of stakeholders (including individuals), this call for contributions notably addresses the specific issue relating to the use of publicly accessible data and aims at informing the CNIL of the various positions at play and how to balance GDPR’s requirements (information, legitimate interests, exercise of rights) with data subjects’ expectations. Stakeholders are invited to submit their observations online through the dedicated form (in French – our free translation in English is available below)- no deadline for submission has been set.
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K&L Gates ranked “Recommended” with Claude-Etienne Armingaud.

Source: Leaders League

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In this webinar, our lawyers discuss generative artificial intelligence (AI). Fast paced growth in generative AI is changing the way we work and live. With such changes come complex issues and uncertainty. We will address the legal, policy and ethical risks, mitigation, and best practices to consider as you develop generative AI products and services, or use generative AI in the operation of your business.

With Annette Becker, Guillermo Christensen, Whitney McCollum, Jilie Rizzo, and Mark Wittow

If you were not able to join last Tuesday, you can watch the replay below:

Source: K&L Gates Hub

On 14 June 2023, the European Parliament (Parliament) plenary voted on its position on the Artificial Intelligence Act (AI Act), which was adopted by a large majority, with 499 votes in favor, 28 against, and 93 abstentions. The newly adopted text (Parliament position) will serve as the Parliament’s negotiating position during the forthcoming interinstitutional negotiations (trilogues) with the Council of the European Union (Council) and the European Commission (Commission).

The members of Parliament (MEPs) proposed several changes to the Commission’s proposal, published on 21 April 2021, including expanding the list of high-risk uses and prohibited AI practices. Specific transparency and safety provisions were also added on foundation models and generative AI systems. MEPs also introduced a definition of AI that is aligned with the definition provided by the Organisation for Economic Co-operation and Development. In addition, the text reinforces natural persons’ (or their groups’) right to file a complaint about AI systems and receive explanations of decisions based on high-risk AI systems that significantly impact their fundamental rights.

Definition

The Parliament position provides that AI, or an AI System, should refer to “a machine-based system that is designed to operate with varying levels of autonomy and that can, for explicit or implicit objectives, generate outputs such as predictions, recommendations, or decisions, that influence physical or virtual environments.” This amends the Commission’s proposal, where an AI System was solely limited to software acting for human-defined objectives and now encompasses the metaverses through the explicit inclusion of “virtual environments.”

Agreement on the final version of the definition of AI is expected to be found at the technical level during trilogue negotiations, as it does appear to be a noncontentious item.

Another notable inclusion relates to foundation models (Foundation Models) that were not yet in the public eye when the Commission’s proposal was published and were defined as a subset of AI Systemtrained on broad data at scale, is designed for generality of output, and can be adapted to a wide range of distinctive tasks.

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K&L Gates LLP has carved out a niche for work involving medical technology and IT in the healthcare sector. The firm assists with joint ventures and acquisitions in this space, as well as providing advice on GDPR and further data compliance matters.

Source: Legal 500

The team at K&L Gates LLP has strong capabilities advising clients active in the areas of luxury goods, the metaverse and energy, on innovative technologies such as VR and augmented reality, in matters which are often cross-border in nature. It is also well-equipped to advise on e-commerce launches, GDPR due diligence reviews, and acquisition matters. The team, led by Claude-Etienne Armingaud, often works in collaboration with other global offices.

Practice head(s): Claude-Etienne Armingaud

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K&L Gates ranked “Recommended” with Claude-Etienne Armingaud.

Source: Leaders League

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K&L Gates ranked “Highly Recommended, Band 2/2” with Claude-Etienne Armingaud.

Source: Leaders League

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On 27 October 2022, the Digital Services Act (DSA) was published in the EU Official Journal as Regulation (EU) 2022/2065, with the aim to fully harmonize the rules on the safety of online services and the dissemination of illegal content online. The Digital Services Act will require online intermediaries to amend their terms of service, to better handle complaints, and to increase their transparency, especially with respect to advertising.

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