Artificial intelligence (AI) regulation and governance

We assist our clients with the planning and design of AI projects, from working out how success will be measured and what likely legal issues a client might face, to getting the right structure in place to ensure that the process can run smoothly.

Identifying obstacles early on can help save time and allows for re-structuring of projects where necessary to get the right consents, authorisations and licenses in place and to ensure that the right mix of expertise is available.

We advise on the intellectual property issues around the rights in underlying data, including advising on risks, licence terms and resolution of claims.

We can also advise on creation of new IP rights through AI and the development of new AI products and processes. Our experience of advising on all forms of intellectual property rights means that we can talk through the risks and make sure that you have a solid strategy.

Advising on and drafting contracts related to AI, such as development agreements, licensing agreements, and service agreements, ensuring that terms cover AI-specific cissues such as data usage rights and algorithm performance.

We can help you to manage risk and liability in contracts and to ensure consistency throughout your supply chain.

We advise domestic and foreign clients on their use of AI across international borders (including transfers of personal data across jurisdictions). We regularly advise clients on the UK and EU standard contractual clauses (SCCs), the UK’s International Data Transfer Agreement (IDTA) and IDTA Addendum as well as Transfer Risk Assessments (TRAs), the US Data Privacy Framework and other mechanisms and controls for the international transfer of personal data.

We also advise clients on Intra Group Transfer Agreement, Binding Corporate Rules (BCRs) and the application of derogations under Article 49 of the UK and EU GDPR.

Our Pangea-net network of international law firms smeans that we can advise on international regulatory frameworks, using a network of trusted advisors across jurisdictions.

Aside from simply using Generative AI, many of our clients are looking to create new products with it and to sell or licence those products. We can help with this process and the intellectual property, data, technology and other issues involved in putting together robust contracts, together with compliant advertising advice.

AI can be particularly disruptive to the workforce – not just in terms of causing redundancies and changes to working patterns, but also in terms of requiring large numbers of staff flearning new skills quickly and potentially taking on new staff that can help manage the transition. There is scope for considerable resistance to the changes resulting from the implementation of AI.

We can advise on your employment law obligations as well as the practical steps that you can put in place to overcome fears and objections from staff.

We regularly assist clients in responding to complaints made to the ICO, particularly in relation to SARs and direct marketing. We are also highly experienced in advising our clients on how to respond to data breaches and other security incidents.

We have a strong track record of defending our clients following complaints or other incidents that have led to the involvement of data protection authorities. We have successfully argued for a reduction in fines sthreatened by the Information Commissioners Offic c c(ICO) .

However, our in-depth knowledge of the law and understanding of the regulators (particularly the UK’s ICO and Irish Data Protection Commissioner (DPC)) means that the vast majority of matters we advise on result in no punitive action being taken against our clients.

Our specialist health regulatory lawyers have assisted clients in the health life sciences industries navigate their MHRA and NICE obligations.

Much of the law relating to AI has yet to be tested at court, but relies on existing principles of IP, technology, data and contract law. Our experienced team can guide you through the typical issues that you are likely to face dealing with third parties and AI and get you to a quick and beneficial lsettlement.

When looking to buy a business reliant on AI you’re going to want a team that can understand the readiness assessment and any transparency documents around the AI, as well as the usual due diligence matters. Our team will make sure that you are covered. Similarly – when looking to sell, you’ll want to ensure that you’ve taken a few simple steps to reassure a buyer and get the best price.

We provide DPO’s. inhouse lawyers, Chief Technology Officer r and other members of the C-suite with updates regarding important legal and regulatory developments and practical guidance.

Our Ascensus programme in particular focusses on lessons learned in a number of different tfields and is free to General Counsel and those who are responsible for legal issues in business.

By combining our technical strength with the breadth of insight we gain from advising a very wide-range of clients, across a number of industries, sectors and jurisdictions, we can help our clients adopt more strategic risk-based approaches to managing their legal risk that support their business goals.

We deliver training across all areas of AI governance and regulation as well as training clients on how to get the best out of generative ai and are happy to deliver these virtually or in-person and we can also “train the trainer”.

Our training is always tailored to our clients’ individual business needs and aims to provide actionable insights into the key areas they should focus on in order to manage their risks pragmatically.

Our lawyers are working with governments and national bodies in various jurisdictions on developing their AI regulatory framework. This includes determining the advantages of applying a risk based assessment process for authorisation and licensing of AI products.

This work enables us to work with clients on evaluating a risk benefit analysis of products, at an early stage of their development.