Checklist

What key legal questions should in-house counsel be asking in relation to AI?

01 | Supply chain impact: does the development / use of AI by the business change which AI Supply Chain Participant(s) may be potentially liable in connection with it, compared with how liability is typically allocated now?

02 | Civil liabilities: what types of civil liabilities might arise for the business, or in connection with its supply chain?

03 | Impact on consumers: if consumers could be affected by AI developed or used by the business, could the use of AI in relation to consumers adversely affect the liability profile of the business?

04 | Contractual implications: might any such liabilities need to be reallocated by new contractual liability or indemnification schemes where appropriate/possible?

05 | Criminal liability: is there a risk of criminal liability for the business in connection with AI?

06 | Regulatory breach: do any regulations apply that could be relevant in relation to a business’s development or use of AI (including environmental and health and safety regulations)? What is the attitude of an industry regulator to a regulated business’s use of AI?  Will future regulations touching on AI be likely for the sector?  If so, what can be done to future-proof the AI in relation to such requirements?

07 | Human rights and reputational concerns: are there any human rights or reputational considerations that the business ought to take into account?

08 | Data privacy: do any data privacy / data profiling issues arise in connection with the business’s intended use of AI?

09 | Cyber security: is there a risk of cyber intrusion in relation to the AI, and who could incur loss as a result?

10 | Insurance: has the business reviewed its insurance position in relation to its development or use of AI?

11 | HR / bias issues: does the intended use of AI raise any employment law issues, or issues of bias (in respect of protected characteristics under legislation) in relation to the business and the provision of its goods, services and facilities?

12 | IPR: what steps does the business need to take to protect IP rights in connection with any AI it develops, and to protect itself from IP infringement claims in its use of AI?

13 | Competition/antitrust: does the business’s use of AI give rise to any competition/antitrust issues?

14 | Scope for human intervention: is there any scope for the AI product to provide that a human has the power to intervene before decisions by the system are finalised in order to check them, or to override them afterwards?

15 | Design team: has the business made its AI product design/development team aware of the need to factor the issues above into the pre-product design phase of an AI project?

16 | Risk mitigation: has the business implemented appropriate steps to defend against, and mitigate, these various risks, including by deploying processes outlined in the Toolkit?