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AI Governance and Liability in Europe: A Primer

Edited by Ceyhun Necati Pehlivan · Nikolaus Forgó · Peggy Valcke
Kluwer Law International January 2025

Specifications

ISBN-13
9789403505497
Publisher
Kluwer Law International
Publication
January 2025
Format
Hardback
Jurisdiction
European Union ? Countri(es) for reference only

Details

AI Governance and Liability in Europe: A Primer, a trailblazing book, penned by prestigious scholars and top-tier professionals, offers extensive coverage of all artificial intelligence (AI) regulatory developments affecting the Member States of the EU, focusing on the EU Artificial Intelligence Act and its ramifications. In very short order, the AI phenomenon has prompted many governance frameworks at every level of legal authority, from prominent international institutions to local government.

 

What’s in this book:

The aspects of this burgeoning field of law and practice that have been analysed in depth by the contributors are as follows:

  • 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.

 

How this will help you:

The exhaustive legal insights and detailed commentary in this book will equip legal professionals to apply regulatory standards, enhancing their practice and ensuring compliance with evolving laws. As a critical tool for policymakers, it furnishes 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.

Table of Contents

Editors

 

Contributors

 

List of Abbreviations

 

Foreword

 

Preface

 

PART I

AI Governance and Regulatory Framework

 

CHAPTER 1

International Frameworks for AI Governance

Marc Rotenberg & Christabel Randolph

 

CHAPTER 2

The Council of Europe’s Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law

Catelijne Muller & Jan Kleijssen

 

CHAPTER 3

The Work of the High-Level Expert Group on AI as the Precursor of the AI Act

Nathalie A. Smuha

 

CHAPTER 4

Genesis of the Artificial Intelligence Act: When AI Beats the Imitation Game

Christof Koolen

 

CHAPTER 5

The EU Artificial Intelligence Act: An Introduction

Ceyhun Necati Pehlivan

 

CHAPTER 6

Economic Regulation and the AI Act: Perspectives from Competition Law, Data Protection, and Intellectual Property

Quentin B. Schäfer

 

CHAPTER 7

AI Training with Publicly Available Data in Accordance with the GDPR

Boris P. Paal

 

PART II

Proposal for an EU AI Liability Directive: Article-by-Article Commentary

 

ARTICLE 1 Subject Matter and Scope

Joe Cannataci

 

ARTICLE 2(1) Definition: AI System

Sonja Dürager

 

ARTICLE 2(2) Definition: High-Risk AI System

Sonja Dürager

 

ARTICLE 2(3) Definition: Provider

Miriam C. Buiten

 

ARTICLE 2(4) Definition: User

Miriam C. Buiten

 

ARTICLE 2(5) Definition: Claim for Damages

Florence Danis, Gert-Jan Hendrix & Jasper Bellon

 

ARTICLE 2(6) Definition: Claimant

Sonja Dürager

 

ARTICLE 2(7) Definition: Potential Claimant

Sonja Dürager

 

ARTICLE 2(8) Definition: Defendant

Miriam C. Buiten

 

ARTICLE 2(9) Definition: Duty of Care

Jan De Bruyne & Victor Schollaert

 

ARTICLE 3 Disclosure of Evidence and Rebuttable Presumption of Non-compliance

Florence Danis, Gert-Jan Hendrix & Jasper Bellon

 

ARTICLE 4 Rebuttable Presumption of a Causal Link in the Case of Fault

Jan De Bruyne & Victor Schollaert

 

ARTICLE 5 Evaluation and Targeted Review

Jan De Bruyne & Victor Schollaert

 

ARTICLE 6 Amendment to Directive (EU) 2020/1828

Alejandro Ferreres Comella

 

ARTICLE 7 Transposition

Ceyhun Necati Pehlivan

 

ARTICLE 8 Entry into Force

Ceyhun Necati Pehlivan

 

ARTICLE 9 Addressees

Ceyhun Necati Pehlivan

 

Index

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