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:
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.
Editors:
Ceyhun Necati Pehlivan, Nikolaus Forgó & Peggy Valcke
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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