Artificial Intelligence
We offer full-service legal assistance in all aspects related to artificial intelligence (AI). Please contact us if you have questions about the acquisition, use, or development of AI.
Artificial intelligence opens up unparalleled commercial opportunities across businesses in all industries and enables use of business data in ways that were previously unimaginable. Responsible use of AI tools requires organisations to have a strong awareness of the legal and ethical aspects of AI. The acquisition, use, facilitation and development of AI often raises interdisciplinary and complex legal issues within a number of subject areas, such as privacy, information security, human rights, labour law, intellectual property law, procurement law, sector-specific rules and industry standards, contract governance, and possible liability, as well as compliance and assessment of relevant regulations (AI Act, AI Liability Directive, NIS2, etc.).
Wikborg Rein offers market-leading full-service legal assistance within all aspects related to AI. Through practical and commercial approaches, we help our clients use AI in a safe, lawful, and responsible manner.
We offer
- Advice on the implementation and proper use of AI
- Advice on procedural and contractual aspects of all phases of procurement
- Advice on the development, certification, commercialisation, and marketing of AI
Advice on organisation and responsible use of AI
We assist all organisations that develop or facilitate and make use of AI solutions. Responsible use of AI requires the organisation to be aware of which AI solutions it should allow, and which data can lawfully be used for training purposes. In addition, the organisation should develop governance systems and structures to ensure that the right decision-makers and stakeholders are involved.
In respect of general AI applications, we commonly assist clients with the following matters:
- Preparation of principles and governance systems for the development and use of AI, including privacy, accountability, security and ethical aspects
- Assessment of data use and legality related to the reuse of the organisation's data for the facilitation or training of AI for commercial purposes and associated risk mitigation measures
- Assessment of regulatory requirements
Advice on process and contract in all phases of a procurement
Procurement of AI systems and products raises some particular challenges for both private and public organisations compared to more traditional IT procurement. Several new legal requirements or considerations may apply. This, in turn, creates a need for increased understanding of AI technology and a need for knowledge of best practices for procurement, implementation and contractual provisions for such solutions.
We can assist both public and private buyers in all phases of AI procurement. This includes:
- Mapping of needs and risks
- Preparation of tender documents, including identifying relevant requirements in the requirements specification
- Drafting of suitable contracts based on market-leading knowledge
- Evaluation of tenders and assistance with negotiations
- Assessment of legal aspects
- Assessment of whether the procurement involves control measures or monitoring of employees under the Working Environment Act
We also assist suppliers who are submitting tenders in procurements or offering AI in the market.
Our expertise in public procurement also enables us to handle the unique challenges associated with conducting procurements in compliance with public procurement regulations.
Advice on the development, certification, sales and marketing of AI
Development of AI products and services for customers
We assist organisations that offer AI tools to their customers. A prerequisite for the successful commercialisation of AI is that the customer can use the product or service legally and safely, and that suppliers are aware of the risks associated with data use, information security and potential liability.
We commonly assist clients with the following matters:
- Drafting of agreements, such as customer contracts, data processing agreements and end user terms and conditions
- Commercialisation of AI products and services, such as legal assessments of the legality of products and services and risk mitigation measures
- Review of legal terms and conditions from subcontractors
- Assistance in understanding environmental requirements that the organisation must document compliance with
Other relevant expertise areas
New course on AI procurement in the public sector
Together with Kristiania University College, we are pleased to offer a brand new course on procurement of Artificial Intelligence (AI). By adopting AI, the public sector can realise significant benefits, including increased efficiency, better decision-making and cost savings. However, there are complex legal requirements and considerations when procuring AI systems and products. That's why it's crucial to strengthen your AI technology expertise and understand best practices for procuring and implementing AI solutions.
Read our articles on Artificial Intelligence
4 – Artificial Intelligence Act: Safe, reliable and human-centred artificial intelligence
The proposal for regulating artificial intelligence by the European Commission marks a global first, introducing a comprehensive legal structure in this domain. This Act targets both AI system providers and users, emphasising significant penalties for non-compliance — potentially up to 40 million Euros or 7% of the total annual turnover. This underscores the importance of adherence to these regulations. At the heart of the Act is a commitment to fostering trust in artificial intelligence, a cornerstone deemed essential for unlocking and maximising the vast social and economic possibilities offered by AI technologies
3 – Digital Markets Act: Fairer digital markets
The European Union's regulation on contestable and fair markets in the digital sector, the Digital Markets Act ("DMA"), has entered into force in the EU. Today, there are a small number of very large online platforms globally that greatly influence the framework for innovation, consumer choice and competition in the digital markets. Certain large platforms therefore act as so-called gatekeepers. By establishing duties and prohibitions for such gatekeepers, the new rules seek to ensure fair competition in digital brands and to give users greater freedom of choice. The DMA also enables the European Commission to carry out market investigations and sanction non-compliance in ways heavily influenced by EU competition law enforcement.
2 – Digital Services Act: A safer digital space
The European Union's new Digital Services Act aims to create a safer digital space for citizens and businesses. The regulation seeks to provide for greater democratic control and supervision of digital platforms, and to reduce the risk of manipulation, disinformation and illegal content.
