Artificial intelligence (AI)
Artificial intelligence (AI) is rapidly transforming the business world and affecting almost every business process. At the same time, the use of AI raises new legal and regulatory challenges for companies.
Key legal issues include AI compliance, liability, transparency, data protection, and intellectual property rights, particularly copyright. Employment law issues also play an important role. At the same time, regulatory pressure is increasing. The GDPR and the EU AI Act already impose comprehensive legal requirements that companies must comply with
Fritz & Mark Legal advises and supports clients on all legal issues relating to artificial intelligence (AI). We support companies and organisations in the legally sound planning, development and deployment of AI systems – from strategic project advice to the drafting of specific contracts.
Our expertise in AI law:
- Implementing AI in business processes
We support you in all phases of implementing AI in your business processes. This includes advice on company- and industry-specific legal requirements for the use of AI, legal support in procuring AI solutions, and assistance with the compliant integration and use of AI within your business processes (AI governance).
- Data protection & data strategy in AI
The handling of data is a central aspect of the use of AI systems. We help you develop a data strategy for AI applications that complies with data protection law – from the selection and use of training and input data, to the handling of personal data when interacting with AI systems, to questions concerning the use of AI-generated outputs.
We also support you in ensuring that your business processes are designed in compliance with data protection law. This ranges from assessing whether data processing is lawful – including carrying out data protection impact assessments and other formal reviews – to integrating service providers into data processing in a legally compliant manner, for example through data processing agreements or joint controllership arrangements, as well as preparing privacy information and consent processes.
- Employee training (awareness programs) and AI guidelines
Employees have to comply with a wide range of legal requirements when using AI systems. Effective compliance requires expertise on the part of everyone involved, as well as clear rules for the use of AI in business processes.
We support your company with targeted training on AI compliance for decision-makers and users. In addition to promoting the legally compliant use of AI, the aim is to raise awareness among decision-makers and users of the legal risks associated with AI systems, including potential liability issues.
Important building blocks along this path are also guidelines and other directives for implementing company-specific requirements when using AI systems. We support you with both the drafting and the ongoing updating of such policies and internal rules.
- EU AI Act (AI Regulation)
The EU AI Act establishes uniform regulatory requirements across the EU for the provision and use of AI systems. Depending on the type of AI system and the risks associated with its use, different legal requirements apply.
We support you in classifying the AI system you provide or use and in analysing the associated legal requirements that must be observed. We also provide comprehensive support in implementing transparency and documentation obligations.
- Copyright and AI
Respect for copyrights and other intellectual property rights plays a crucial role in the use of AI systems.
This applies both to training data and to the input data, usage data and outputs involved in the use of AI systems This raises questions as to which data and materials may be used in this context without infringing third-party rights, and to what extent AI-generated outputs themselves may be protected by copyright.
We provide comprehensive advice on intellectual property issues in the context of AI, both to help avoid liability risks arising from infringements of third-party rights and to develop strategies for protecting your own outputs and business assets when using AI.
- Contract design and AI
Whether you are a provider or user of AI systems, it is essential that user agreements, licence agreements and other contractual terms relating to AI are drafted in a way that properly reflects and protects your interests.
Particular attention should be paid to clear service descriptions, the allocation of responsibilities, the precise grant of usage rights, and liability provisions. From the provider’s perspective, it is also important to draft terms of use in a legally compliant way and in accordance with the legal requirements governing standard terms and conditions.
Our team supports you with contract drafting, contract review and contract negotiations throughout every phase of your project.
