Artificial intelligence will impact any sector, obliging companies to change their model of business, but creating at the same time new legal issues. In this presentation, I outline the main new legal challenges that can arise from AI and its exploitation.

1. Artificial intelligence
Not evil, but the new electricity
Giulio Coraggio
Head of Technology Sector
DLA Piper

2. Artificial intelligence is
The capability of machines to
imitate human behaviour
Merriam-Webster

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A COMPUTER BEATS THE CHESS WORLD CHAMPION
1997

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THE ALGORITHM ALFPHA BEATS THE WORLD CHAMPION OF GO
2016

7. You either compete with the system
or you build the system

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12. Every business will become
a software business
Satya Nadella
CEO Microsoft

13. You cannot exploit AI and 4.0 technologies
with a 3.0 approach!
1.Change in the model of business
2.In-depth assessment on how to minimise
risks and maximise benefits
3.Support from third parties

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15. Who is liable?
What type of liability?

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What was the reasoning
followed by the machine?

18. The machine cannot be
the sole judge

19. It is not
just a question of personal data…
The Samathur Li Kin-Kan case and
when the AI loses a fortune

20. Artificial intelligence shall deal
with cybersecurity issues

21. https://cybermap.kaspersky.com/

23. The DLA Piper
cyber security methodology

24. 1. Adopt appropriate
preventive measures
1. Governance and organisation
2. Periodic risk reviews
3. Incident response plan
4. Periodic training to create
awareness
5. Insurance coverage
reviews
6. Identification of providers
of forensics, communication
and remediation support
7. Supply chain impact
assessment
8. Track contractual
obligations

25. 2. Respond effectively when the attack
occurs
1. Timely identify and escalate
incidents
2. Contain and remedy
3. Secure business continuity
4. Manage relationships with
senior management,
authorities(e.g. Garante and
police), clients and suppliers
5. Manage communications
to the public
6. Issue notifications required
under applicable laws
7. Finalise the analysis of the
incident

26. 3. Mitigate post incident liabilities
2. Handle disputes with third
parties
3. Deal liability claims
towards third parties
suppliers
5. Adopt disciplinary actions
towards employees
6. Run a gap analysis and
implement organisational and
technical improvements
1. Manage regulatory
investigations

27. Artificial intelligence also
changes contract drafting

29. The outsourcing of
employees changes

30. Artificial intelligence changes
who owns data and creations

31. Linked to the device
The IPRs require an
intellectual effort
database rights

32. antitrust protection
trade secret rights

33. Production right
Mandatory clauses

34. Artificial intelligence actions
might not be ethically correct

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f3q
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The trolley problem…

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37. 1. A robot may not injure a human being or, through
inaction, allow a human being to come to harm;
2. A robot must obey orders given it by human beings
except where such orders would conflict with the First
Law;
3. A robot must protect its own existence as long as such
protection does not conflict with the First or Second Law

38. rationality
ethical
principles

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The ethical issues of AI
1) Lack of transparency
2) Discrimination
3) Intentional and non-intentional bias
4) Privacy

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The response of regulators to ethical issues of AI
May 2016 - GDPR right of not being subject to automated decisions (art. 22); right to obtain an
explanation (art. 13); privacy by design and by default (art. 25); consent to the usage of sensitive and
biometrics data (art. 9)
April 2018 - The European Commission launches the plan on development of AI
December 2018 - Pilot program for ai guidelines to be drafted by an AI High Level Group of Experts
December 2019 - European charter setting out ethical principles relating to the use of artificial
intelligence (AI) in judicial systems (the European Commission for the Efficiency of Justice (CEPEJ)
January 2019 - Declaration on Ethics and Data Protection in Artificial Intelligence (Consultative
Committee of the Convention for the Protection of Individuals with regard to automatic processing of
personal data)

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AI is the
new electricity
Andrew NG

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Our AI system: PRISCA, chatbot as a service

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44. You can try it
for free 44On Telegram
@PRISCA_GDPR_Bot

45. Giulio Coraggio
Head of Technology Sector
DLA Piper
Any thoughts?