Numerique
Deploy artificial intelligence safely: compliance with the European AI Act, contracts, intellectual property, data and risk management.
Context
Artificial intelligence is profoundly transforming the way companies work, from content generation to decision support. But its deployment raises unprecedented legal questions: who is responsible for the decisions made by an AI system, who owns the content generated, how can GDPR compliance be guaranteed, and what obligations does the new European framework impose.
With the gradual entry into application of the European regulation on artificial intelligence (AI Act), companies that develop, integrate or use AI systems must anticipate a set of new obligations, graduated according to the level of risk of their uses.
Problem
Many companies are adopting AI tools at great speed, without gauging the associated legal risks. Teams use generative assistants on a daily basis, sometimes submitting confidential or personal data to them, with no framework or vigilance regarding the ownership of the content produced.
Added to this is regulatory uncertainty: between the AI Act ramping up, the GDPR's requirements on automated processing and the open questions around liability and intellectual property, companies often move forward without visibility. The risk is twofold: facing costly non-compliance, or forgoing innovation out of excessive caution. In both cases, the lack of a clear framework is a handicap.
Solutions
I help you seize the opportunities of artificial intelligence while controlling the legal risks, from diagnosis to ongoing support.
I begin by mapping your uses of AI in order to assess your exposure with regard to the AI Act and the GDPR, then I classify your systems according to their level of risk and identify your concrete obligations. I then secure your deployments: AI contracts, liability and output-ownership clauses, an internal usage policy, and data governance.
Finally, I provide support over time, as the regulation becomes clearer and your uses evolve. My aim is to make AI compliance an asset: a framework that secures your deployments, reassures your partners and allows you to innovate with peace of mind.
I map your uses of AI: tools used, purposes, data processed, content generated. This step identifies your level of exposure with regard to the AI Act and the GDPR, and reveals the risky uses that call for particular vigilance.
I classify your systems according to the AI Act's risk categories and assess your obligations: transparency, documentation, human oversight, GDPR compliance. You gain a clear view of what the regulation requires of you, and within what timeframes.
I secure your deployments: drafting of AI contracts, liability and output-ownership clauses, internal usage policy, and data governance. Your uses of AI rest on a solid contractual and organisational framework.
I monitor your compliance as the framework evolves and your uses develop. I train your teams and advise you on new AI projects, so that innovation can unfold without creating uncontrolled legal risk.
FAQ
The AI Act is the world's first comprehensive legal framework dedicated to artificial intelligence. It classifies AI systems according to their level of risk: unacceptable risk (prohibited practices), high risk (strict obligations), limited risk (transparency obligations) and minimal risk. Depending on the category, the obligations vary considerably. Its application is gradual, which gives companies time to adapt, time that should be put to use from now on.
The regulation applies both to providers of AI systems and to companies that deploy them in their business. Even if you do not develop AI but integrate a third-party tool (assistant, scoring solution, content generation), you may be subject to obligations, in particular regarding transparency and vigilance. An analysis of your uses makes it possible to identify precisely your level of exposure.
The question is complex and evolving. Under French law, copyright presupposes an original human creation: content purely generated by an AI, without creative human input, is in principle not protectable. Added to this are the terms of use of the tools, which govern the rights to the productions. It is therefore essential to check the licences of the tools used and to contractually secure the use of the generated content.
AI systems often rely on large quantities of data, sometimes personal. This raises issues regarding the legal basis for processing, information of individuals, data minimisation and the framing of automated decisions. The GDPR strictly governs decisions producing legal effects based solely on automated processing. An impact assessment is often necessary before deploying an AI system that processes personal data.
Liability may be split between the provider of the system, the integrator and the user, depending on each party's role and the failures at issue. This is a subject very much under construction, which contracts must anticipate: a clear allocation of responsibilities, warranties, and human oversight obligations. Properly framing these aspects upstream avoids being saddled with ill-defined liability in the event of an incident.
The use of AI tools by teams calls for an internal framework: a usage policy, rules on which data may or may not be submitted to these tools, and vigilance regarding confidentiality and intellectual property. Without a framework, the risk is real: leakage of confidential information to third-party tools, use of content without rights, or decisions based on unverified outputs. An AI policy protects the company and clarifies practices.
A contract relating to an AI solution must address specific points: description of the system and its limits, training and usage data, ownership of the outputs, expected level of performance, human oversight, allocation of responsibilities, regulatory compliance and reversibility. These clauses, still poorly standardised, deserve particular attention to avoid grey areas.
Right now. The application of the AI Act is gradual, but the most demanding obligations require preparation time: mapping of uses, classification of systems, documentation, governance. Companies that anticipate turn the constraint into an advantage: they secure their deployments, reassure their clients and partners, and avoid having to redo everything at the last minute as the deadlines approach.
Nous accompagnons les entreprises de la tech et du commerce avec une double compétence juridique et technique, de l'analyse à la mise en œuvre.
Ressources
Need to secure a contract, manage compliance, or anticipate a dispute? Our first meeting is designed to understand your needs and clearly explain how we can help.
Digital and Distribution Law Attorney, Paris Bar. We secure your contracts, data, and business.
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