About the Book
Artificial intelligence ("AI") is a difficult topic for lawyers. It is a broad topic, far broader than most topics that lawyers engage with. It does not align at all with the usual disciplines that lawyers work in, that is, it is not a creature of corporate law, property law, intellectual property law, etc. But it does touch on aspects of each of these and more. It does not align with sector or industry groups that commercial lawyers organise themselves into; that is, it is not confined to a single industry and is as relevant to the financial services industry and many others as it is to the technology industry. It relies on a certain level of technical knowledge of how software operates that is not part of the training or experience of many lawyers. The law and regulation that applies to AI is, by and large, not yet written. When it is written, it will differ between jurisdictions and AI developers and users will be subject to multiple overlapping rules. It will take forms that require interpretation beyond the conventional approach of many lawyers because it will involve judgments on risk and suitability, not just legalistic questions.
Borrowing from former American president John F. Kennedy, this is a topic for lawyers who like to work on things not because they are easy but because they are hard. In this case they are also necessary because AI is pervasive and lawyers have
a substantial role to play in advising commercial, not-for-profit, governmental and clients of all other types on this topic.
The editorial team is therefore pleased to introduce a report in which so many colleagues around the world have again risen to the challenge. As will be noted in various chapters, the EU AI Act proposals are a landmark. This is for a number of reasons. The Act will be one of the first directly applicable pieces of AI legislation in the world. It will be in force in a market that makes up
a substantial part of global GDP. It will set a standard for other jurisdictions to adopt or deviate from, illustrating political choices. It will also give rise to case law and this will be significant for lawyers and all others interested in this topic. In addition, because the legislation has been the subject of wide consultation and comment, the intention of the framers of the legislation is apparent. Even in jurisdictions where there is no legislation directly relating to AI, clients request advice on best practice, risk management, horizon-scanning and a range of other topics related to the development and use of AI technologies. The approaches that we adopt are common to many other emerging technologies. There is wide debate about whether AI is a technology that will do good or do harm in the world. Part of the lawyer's role here is to support AI for good.
Table of Contents:
Preface Charles Kerrigan, CMS Cameron McKenna Nabarro Olswang LLP Expert analysis Practical Risk Management in AI: Auditing and Assurance chapters Emre Kazim & Markus Trengove, Holistic AI Charles Kerrigan, CMS Cameron McKenna Nabarro Olswang LLP 1 Employment law risks and artificial intelligence: In the workplace, the metaverse and beyond
Joseph C. O'Keefe, Makenzie D. Way & Edward C. Young Proskauer Rose LLP 12 Jurisdiction chapters Australia Jordan Cox, Aya Lewih & Rubaba Rahman, Webb Henderson 25 Austria Gunther Leissler & Thomas Kulnigg, Schoenherr Rechtsanwalte GmbH 38 Belgium Steven De Schrijver, Astrea 42 Brazil Eduardo Ribeiro Augusto, SiqueiraCastro Advogados 55
Bulgaria Grozdan Dobrev & Lyuben Todev, DOBREV & LYUTSKANOV Law Firm 60 Canada Sam Ip, Simon Hodgett & Ted Liu, Osler, Hoskin & Harcourt LLP 70 China Susan Xuanfeng Ning & Han Wu, King & Wood Mallesons 85 Finland Erkko Korhonen, Samuli Simojoki & Jon Jokelin, Borenius Attorneys Ltd 98 France Boriana Guimberteau, Stephenson Harwood 110
Germany Christian Kuss, Dr. Michael Rath & Dr. Markus Sengpiel Luther Rechtsanwaltsgesellschaft mbH 120 Greece Victoria Mertikopoulou, Maria Spanou & Natalia Soulia Kyriakides Georgopoulos Law Firm 132 India Divjyot Singh, Suniti Kaur & Kunal Lohani, Alaya Legal Advocates 150 Ireland Claire Morrissey & Brian Clarke, Maples Group 167 Italy Massimo Donna & Ferdinando Vella, Paradigma - Law & Strategy 181 Japan Akira Matsuda, Ryohei Kudo & Taiki Matsuda, Iwata Godo 191
Jersey Emma German, Monoceros Innovation Advisory Limited Rachel Harker, Digital Jersey Limited 203 Korea Won H. Cho & Hye In Lee, D'LIGHT Law Group 214 Malta Ron Galea Cavallazzi, Sharon Xuereb & Alexia Valenzia Camilleri Preziosi Advocates 223 Singapore Lim Chong Kin, Drew & Napier LLC 232 Sweden Elisabeth Vestin, Caroline Sundberg & Anna Ribenfors Hannes Snellman Attorneys Ltd 245 Switzerland Jurg Schneider, David Vasella & Anne-Sophie Morand, Walder Wyss Ltd. 256 Taiwan Robin Chang & Eddie Hsiung, Lee and Li, Attorneys-at-Law 267 United Kingdom Rachel Free, Charles Kerrigan & Barbara Zapisetskaya CMS Cameron McKenna Nabarro Olswang LLP 276 USA Chuck Hollis, Sean Christy & Anne Friedman Bryan Cave Leighton Paisner LLP 289
