Use of Artificial Intelligence (AI) and Compliance

The use of Artificial Intelligence (AI) Compliance offers numerous advantages, but requires legal protection and strategic measures to address challenges. With concrete examples and the role of lawyers, the following picture emerges:

1. Data protection

• Example: A company uses AI software to analyze employee data in order to identify risks such as conflicts of interest or breaches of internal policies. Extensive personal data will be processed.
• Challenge: Ensure that the processing is GDPR-compliant, in particular with regard to purpose limitation and compliance with Art. 22 GDPR (automated decisions).
• Role of lawyers:
  • Implementation of data protection impact assessments (Art. 35 GDPR).
  • Review and design of declarations of consent.
  • Advice on data protection risks and the implementation of technical protective measures.

2. Bias and discrimination

• Example: An AI in the application process prefers unconsciously male applicants, since the training data contain historical prejudices.
• Challenge: Prevention of violations of the General Equal Treatment Act (AGG) and anti-discrimination rules.
• Role of lawyers:
  • Analysis of AI algorithms and training data on possible discrimination.
  • Advice on compliance measures for the use of AI in the personnel sector.
  • Support in the development of non-discriminatory internal directives.

3. Transparency

• Example: An AI tool automatically rejects credit applications without the decision logic being comprehensible to applicants or the company.
• Challenge: Compliance with transparency and information obligations pursuant to Articles 12 and 22 GDPR.
• Role of lawyers:
  • Advice on the introduction of explainable AI systems.
  • Preparation of legally secure information and opposition proceedings.
  • Training of compliance teams to interpret AI results.

4. Liability

• Example: AI-based compliance software overlooks suspicious transactions, leading to a money laundering notice against the company.
• Challenge: clarification of the liability between the company, the software provider and internal controllers.
• Role of lawyers:
  • Design of contracts with liability clauses for providers of AI systems.
  • Support for legal protection of internal responsible persons.
  • Representation of the company in liability disputes.

5. Regulatory requirements

• Example: A company uses AI to analyze corruption risks in international business relationships. However, the planned EU AI Act defines such systems as "high-risk AI" subject to strict requirements.
• Challenge: Compliance with new regulatory requirements and adaptation of existing systems.
• Role of lawyers:
  • Advice on compliance with the EU AI Act and industry-specific rules.
  • Conducting risk analyses and compliance audits.
  • Representation of the company with regulatory authorities.

6. Whistleblowing

• Example: An AI tool analyzes anonymous clues in a whistleblowing system and identifies possible rule violations. Sensitive personal data could be processed unlawfully.
• Challenge: Ensure that the processing of the data complies with the requirements of the EU whistleblowing directive and the GDPR.
• Role of lawyers:
  • Advice on the introduction of data protection compliant whistleblowing systems.
  • Review of the processing of references to legal admissibility.
  • Training employees to use AI analysis tools safely.

7. Ethics

• Example: A company uses AI to monitor employee performance and identify potential efficiency gains, which is perceived as invasive.
• Challenge: Balance between efficiency and ethical responsibility to avoid reputation losses.
• Role of lawyers:
  • Development of ethical guidelines for AI use.
  • Establish an ethics committee to review sensitive applications.
  • Advice on communication strategies to make the use of AI transparent to stakeholders.

Summary of the legal services

1. Advice and protection: Ensure that AI systems are used in compliance with the law.
2. Contract design: Development and negotiation of contracts with AI service providers, including liability clauses and data protection requirements.
3. Risk management: Carry out audits and analyses to identify and minimize legal risks.
4. Training and guidelines: Creation of compliance guidelines and awareness raising of employees.
5. Representation: Support for administrative procedures, disputes and enforcement of rights related to AI.

Through these services, lawyers help companies not only to make the use of AI legally compliant but also ethically responsible.