Copyright
The German Act on Copyright and Related Rights (UrhG) protects text, music, images and computer programs from unauthorized use. Especially when it comes to AI training and generative AI, the UrhG contains numerous pitfalls. There is a risk of violating the intellectual property rights of third parties and that your own AI model or its output may not be used. In the worst case, those involved can be prosecuted. In the case of generative AI systems, there is also the risk that copyrighted training data is (unknowingly) reproduced by the AI system. We show you a way through the jungle of copyright law.
Data protection
The GDPR, which has been in force since May 2018, has proven to be an obstacle to innovation in AI practice: The transparency, purpose limitation and data minimization required by Art. 5 para. 1 GDPR often conflict with the technical requirements of AI. In the case of particularly sensitive data, the particularly strict requirements of Art. 9 GDPR must also be observed. In addition, Art. 22 GDPR prohibits automated decisions. We navigate you through the data protection challenges when training and using AI.
Principle of non-discrimination
The German General Act on Equal Treatment (AGG) contains a prohibition of direct and indirect discrimination. The AGG is particularly relevant for AI training and the use of AI systems. Certain criteria may not be used to make decisions, so AI models must be adapted. Furthermore, if the representativeness of the training data is not ensured, there is a risk of (probabilistic) discrimination against individuals.
German Act on the Protection of Trade Secrets
In particular, when analyzing business information, the use of artificial intelligence can generate special insights for the respective company. German Act on the Protection of Trade Secrets (GeschGehG), which came into force in 2019, places requirements on the handling of data. Without implementing appropriate confidentiality measures, the affected data is no longer considered a protected trade secret. We support you in protecting your crown jewels.
AI Act
The AI Act came into force on July 1, 2024. It is primarily a technology-specific regulation that prohibits the use of IT or makes it subject to technical and organizational requirements. Learn more
Regulated sectors
There are special laws for regulated industries – for example, for insurance companies, financial products, cars, medical devices, pharmaceuticals, and critical infrastructure. The requirements often seem outdated, for example, because they apply to physical products but not to modern technologies.
Data Act
The Data Act came into force on January 11, 2024. Almost every company that collects, exchanges, processes or commercializes data is potentially affected by the Data Act. Learn more
… and much more.
Aitava removes stumbling blocks and supports you in the sustainable use of AI. We can draw on many years of technical and legal consulting experience in the AI environment. We drive the development of best practices.
Liability for AI errors
The AI Act is a far-reaching protective law in the sense of Section 823 (2) BGB (German Civil Code). This means that anyone who violates the requirements of the AI Act may not only face heavy fines but also substantial civil liability claims from any AI victims. In terms of liability for AI use, the question of AI literacy is likely to become significantly more important under Art. 4 AI Act.
The new Product Liability Directive was adopted by the EU Parliament on March 12, 2024 and is expected to come into force at the end of 2024. It significantly expands liability risks and explicitly provides for strict liability for software (including AI systems). Even the loss of data should constitute a recoverable financial loss. In addition, the burden of proof has been significantly eased in favor of potential claimants.
The new AI Liability Directive is intended to supplement existing tort law with evidence-related measures for the benefit of any parties harmed by artificial intelligence. As a result of far-reaching rules of presumption, AI providers may face a lack of evidence when defending against AI liability claims and thus a loss of equal arms in court.
Compliance as a competitive advantage
Compliance should be proactive – reactive is usually too late. The focus is on setting the strategic course, for example in product development or the creation of databases. The AI Act and the Data Act in particular are setting the pace. Those who think along with the new obligations are at least one step ahead of the competition. On the other hand, those who rest on their laurels or focus solely on GDPR issues are putting their own business model at risk. Aitava helps you move forward as efficiently as possible. A holistic approach to AI & data compliance. With a business focus.
In addition, the growing jungle of data and AI law offers new opportunities for value creation:
- Data-Provider: The value of data is likely to depend increasingly on the legally required processing and documentation.
- IT-Provider: The need for technical compliance solutions is increasing enormously. This applies, for example, to the planned recording obligations (AI Act) and data access obligations (Data Act).
- XAI: Art. 13 AI Act (transparency) is already fueling research and development into Explainable AI.
- and many more! Let’s talk about it.
