Germany: Artificial intelligence in the company

 

Artificial intelligence (AI) already plays a major role and will shape our lives even more in the future. This development will revolutionize the way companies work. In order to survive in the competition, it is crucial to recognize and use the available options for action at an early stage.

The use of generative AI and large language models such as ChatGPT, Heygen, Runway and Co. raises many questions: 

What is allowed?
What is mandatory?
What is forbidden?

–> Companies need clear guidelines, both for internal use and in the customer context. The legal requirements for the use of AI are complex and require special attention.

The future AI Regulation (KI-VO) will have a significant impact on the dissemination and use of AI systems. It is recommended to take these into account when planning and implementing AI projects.

A clear AI roadmap for businesses should include:

Protection of trade secrets
Compliance with data protection law
Guidelines for the use of AI results
Compliance with applicable laws
Avoidance of infringement by third parties

AI and Copyright:

Copyright protects media such as texts, images, music and computer programs from unauthorized use. When it comes to AI training and generative AI, the UrhG contains numerous pitfalls. There is a risk of infringement of third-party intellectual property rights and that one’s own AI model or its output may not be used. We provide advice in the areas of intellectual property, in particular with regard to AI training and generative AI, in order to avoid infringements of third-party intellectual property rights.

AI and Privacy:

We help companies with the data protection analysis of the integration of AI systems. This includes the examination of relevant data protection aspects such as data processing agreements and more. In addition, we take over the review, supplementation and preparation of data protection information for you and, if necessary, support you in carrying out data protection impact assessments.

AI and the design of terms and conditions of use:

Companies that offer AI-based products and services, whether in the field of AI SaaS, B2B or B2C, should clearly define the legal framework in their general terms and conditions (GTC) or terms of use. If necessary, you can deviate from legal requirements, if this is permissible. We are at your side to create understandable and fair conditions and to minimize the legal risks for your company.

AI and Liability:

We advise you on liability issues in connection with AI products, in compliance with the German Civil Code (BGB), the Product Liability Act and special legal regulations. We will also inform you about developments at EU level, such as the AI Act.

AI and Trade Secrets:

The GeschGehG, which came into force in 2019, sets out clear requirements for the handling of data. If these requirements are not met, confidential data loses its protection as a trade secret. Our support ensures the protection of your valuable company information When dealing with AI.

 

For further information, please contact:

Diane Frank, Partner

SCHMID FRANK, Augsburg

e: diane.frank@schmid-frank.de

t: +49 (0)1578 90 333 60

 

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