Nikolaus Forgo – författare

AI Governance and Liability in Europe: A Primer

Edited by Ceyhun Necati Pehlivan, Nikolaus Forgó & Peggy Valcke 

In very short order, the artificial intelligence (AI) phenomenon has prompted many governance frameworks at every level of legal authority, from prominent international institutions to local government. This first-of-its-kind book, authored by prestigious scholars and top-tier professionals, provides exhaustive coverage of all AI regulatory developments affecting the Member States of the EU, focusing on the EU Artificial Intelligence Act and its ramifications. 

The contributors apply in-depth analysis to aspects of this burgeoning field of law and practice such as the following:

key intersections of AI with competition law, data protection, intellectual property, and human rights;

an article-by-article commentary on the Proposal for an EU AI Liability Directive;

a broad spectrum of regulatory issues such as fairness, accuracy, transparency, human-centredness, trustworthiness, sustainability, and gender equity;

questions about convergence and divergence among multiple governance frameworks;

thorough examination of AI training with publicly available data in line with the General Data Protection Regulation (GDPR); and

rapid changes in AI technology that are shaping the regulatory response. 

As the EU AI Act now has legal force, an immediate question concerns its effective implementation and enforcement. This includes the extent to which the frameworks offered by the OECD and UNESCO, as well as the Council of Europe’s Framework Convention on AI – and the global reach of AI regulation in the United States, China, and other countries – will affect legal compliance in Europe. This book’s in-depth legal insights and detailed commentary will equip legal professionals to apply regulatory standards, enhancing their practice and ensuring compliance with evolving laws. As a critical tool for policymakers, it provides well-informed perspectives that can guide the development of robust and forward-thinking AI regulations and policies. Its interdisciplinary reach and relevance will prove beneficial to many, including data protection officers, intellectual property lawyers, and competition law specialists. 

AI Governance and Liability in Europe: A Primer

Edited by Ceyhun Necati Pehlivan, Nikolaus Forgó & Peggy Valcke 

In very short order, the artificial intelligence (AI) phenomenon has prompted many governance frameworks at every level of legal authority, from prominent international institutions to local government. This first-of-its-kind book, authored by prestigious scholars and top-tier professionals, provides exhaustive coverage of all AI regulatory developments affecting the Member States of the EU, focusing on the EU Artificial Intelligence Act and its ramifications. 

The contributors apply in-depth analysis to aspects of this burgeoning field of law and practice such as the following:

key intersections of AI with competition law, data protection, intellectual property, and human rights;

an article-by-article commentary on the Proposal for an EU AI Liability Directive;

a broad spectrum of regulatory issues such as fairness, accuracy, transparency, human-centredness, trustworthiness, sustainability, and gender equity;

questions about convergence and divergence among multiple governance frameworks;

thorough examination of AI training with publicly available data in line with the General Data Protection Regulation (GDPR); and

rapid changes in AI technology that are shaping the regulatory response. 

As the EU AI Act now has legal force, an immediate question concerns its effective implementation and enforcement. This includes the extent to which the frameworks offered by the OECD and UNESCO, as well as the Council of Europe’s Framework Convention on AI – and the global reach of AI regulation in the United States, China, and other countries – will affect legal compliance in Europe. This book’s in-depth legal insights and detailed commentary will equip legal professionals to apply regulatory standards, enhancing their practice and ensuring compliance with evolving laws. As a critical tool for policymakers, it provides well-informed perspectives that can guide the development of robust and forward-thinking AI regulations and policies. Its interdisciplinary reach and relevance will prove beneficial to many, including data protection officers, intellectual property lawyers, and competition law specialists. 

Artificial intelligence and related technologies are changing both the law and the legal profession. In particular, technological advances in fields ranging from machine learning to more advanced robots, including sensors, virtual realities, algorithms, bots, drones, self-driving cars, and more sophisticated “human-like” robots are creating new and previously unimagined challenges for regulators. These advances also give rise to new opportunities for legal professionals to make efficiency gains in the delivery of legal services. With the exponential growth of such technologies, radical disruption seems likely to accelerate in the near future.

The distinctive feature of the contributions presented in this edition is that they address the impact of these technological developments in a number of different fields of law and from the perspective of diverse jurisdictions. Moreover, the authors utilize insights from multiple related disciplines, in particular social theory and philosophy, in order to better understand and address the legal challenges created by AI. Therefore, the book will contribute to interdisciplinary debates on disruptive new AI technologies and the law.

The exponential growth of disruptive technology is changing our world. The development of cloud computing, big data, the internet of things, artificial intelligence, machine learning, deep learning, and other related autonomous systems, such as self-driving vehicles, have triggered the emergence of new products and services. These significant technological breakthroughs have opened the door to new economic models such as the sharing and platform-based economy. As a result, companies are becoming increasingly data- and algorithm-driven, coming to be more like “decentralized platforms”. New transaction or payment methods such as Bitcoin and Ethereum, based on trust-building systems using Blockchain, smart contracts, and other distributed ledger technology, also constitute an essential part of this new economic model. 

The sharing economy and digital platforms also include the everyday exchange of goods allowing individuals to commodify their surplus resources.Information and innovation technologies are used in order to then match these resources with existing demand in the market. Online platforms such as Airbnb, Uber, and Amazon reduce information asymmetry, increase the value of unused resources, and create new opportunities for collaboration and innovation. Moreover, the sharing economy is playing a major role in the transition from exclusive ownership of personal assets toward access-based exploitation of resources. The success of online matching platforms depends not only on the reduction of search costs but also on the trustworthiness of platform operators. 

From a legal perspective, the uncertainties triggered by the emergence of a new digital reality are particularly urgent. How should these tendencies be reflected in legal systems in each jurisdiction? This book collects a series of contributions by leading scholars in the newly emerging fields of sharing economy and Legal Tech. The aim of the book is to enrich legaldebates on the social, economic, and political meaning of these cutting-edge technologies. The chapters presented in this edition attempt to answer some of these lingering questions from the perspective of diverse legal backgrounds.