What legal services are provided by Paul Foley Law in relation to procuring, providing or deploying AI systems?
We provide legal advice and documentation in respect of AI systems as follows:
PROCUREMENT
Data: documents and data that access will be granted to: foundation model public or proprietary: sources and ownership of data: requirement for data to be cleaned, accurate and converted: is any of the data confidential or does it contain personal data: does the AI system provide for supervised or unsupervised learning; is the algorithm adaptive or reactive: training required and is training supplied in the fees.
Results: how is the output of the AI presented: will reports be generated by the AI: How will any new “know-how” be dealt with: does the AI system need to be customised: which party is responsible for governance and verifying outputs: who is responsible for regulatory compliance.
Governance: document, data and logs retention: audit rights and to whom granted: provision of support for the AI system ( bias, safety, security vulnerabilities, correction of errors): subcontracting by supplier: whether permitted and conditions under which allowed.
Intellectual Property: due diligence on supplier particularly in the context of the Copyright Directive (Directive (EU) 2019/790): warranties required from the supplier.
Buying and Licensing in: drafting and providing required licence and terms of purchase.
REGULATION
Legal advice on legal rights as against BigTech; AI system classification under the EU AI Act (Art 5 (prohibited AI systems and uses)); Art 6 and Annexes II and III (high risk AI systems); Art 28b (foundation models regulation); Arts 40 to 50 (Conformity and CE); Art 52 (AI systems which interact with natural persons: transparency) ; Art 51(registration in EU database); Art 67 (compliant AI systems which pose a risk); Art 69 (general purpose AI systems); provider and deployer obligations; contracting with distributors and others.
SECTOR-SPECIFIC REGULATION
Sector-specific regulation that can apply, for instance when using AI in financial institutions, or in medical devices or in medical services: advising on such regulation.
USING AND DEPLOYING AI SYSTEMS
Providing advice on compliance with relevant legal requirements, contract law norms and contract lifecycle issues.
Data Protection, Security and Data Protection: advising on data protection, and security legal requirements related to the AI system and components of it.
Negligence, Insurance and Product Liability: providing legal advice and drafting related to Insurance, statutory liability including on discrimination; liability under the EU proposed draft Directive on product liability; in the context of AI systems and also under the general law of tort.
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