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Start Over Topic artificial intelligence Publication Year Range Last 3 years Publication Type Periodicals Publisher kluwer law international
17 results

1. Regulating Algorithmic Management at Work in the European Union: Data Protection, Non-discrimination and Collective Rights.

Author

Aloisi, Antonio

Abstract

In recent years, algorithmic management practices have been widely adopted by employers to monitor remote work, analyse how applicants behave during job interviews, rate worker performance and calculate wage adjustments. As a result, the condition of workers being subjected to the upstream authority of managers has intensified. Employment protection legislation recognizes the importance of curbing the employer’s unilateral discretionary power by deploying several controlling factors. However, the traditional guardrails have now been displaced by the transformative impact of data-driven technologies. As a response to this challenge, several measures implemented by the European Union (EU) could be pragmatically adapted to curtail the expansion of artificial intelligence-based management prerogative. By applying a multidimensional, anticipatory and participatory approach, this paper integrates substantive and procedural rules that contribute to rebalancing informational asymmetries within workplaces and assesses the effectiveness of these rules. Examining case law, administrative decisions and legislative developments, it also discusses the mutually reinforcing relationship between data protection and anti-discrimination measures, which renders automated decisions documentable and contestable. In addition to defensive tactics, this article calls for the involvement of worker representatives in co-designing digital human resource policies. As data are relational, collective bodies are uniquely placed to exchange information, raise awareness and bring claims, with a view to preventing the improper use of algorithms. [ABSTRACT FROM AUTHOR]

Published
2024
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2. AI as a Tool to Manage Contracts and Challenges in Applying Legal Tech to Contracts Management.

Author

MARTINELLI, Silvia

Subjects
LEGAL professions, CONTRACTS, MANAGEMENT contracts, ARTIFICIAL intelligence, CONTRACT management, HIGH technology industries
Abstract

Copyright of European Review of Private Law is the property of Kluwer Law International and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Published
2023
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3. Machine Learning and the Relevance of IP Rights: An Account of Transparency Requirements for AI.

Author

BAYAMLIOĞLU, Emre

Subjects
MACHINE learning, PROTECTION of trade secrets, INTELLECTUAL property, GENERAL Data Protection Regulation, 2016, ARTIFICIAL intelligence
Abstract

Copyright of European Review of Private Law is the property of Kluwer Law International and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Published
2023
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4. Consumer Protection in the Age of Artificial Intelligence: Breaking Down the Silo Mentality Between Consumer, Competition, and Data.

Author

KOOLEN, Christof

Subjects
CONSUMER protection, CONSUMER law, ARTIFICIAL intelligence, CONSUMERS, CONSUMPTION (Economics), CONSUMER preferences
Abstract

Copyright of European Review of Private Law is the property of Kluwer Law International and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Published
2023
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5. Algorithmic Transparency and Explainability under EU Law.

Author

TZIMAS, Themistoklis

Subjects
GENERAL Data Protection Regulation, 2016, ARTIFICIAL intelligence, LEGAL remedies, ORGANIZATIONAL transparency
Abstract

This article focuses on algorithmic transparency under EU law, specifically exploring the ‘right to explanation’. It addresses the legal framework concerning Artificial Intelligence (AI) algorithms from the above – mentioned perspective, focusing on remedies which ensure transparency and accountability, given the black box effect of algorithms. Proprietary information, and transparency- performance trade-offs are analysed, as well as the ‘right to explanation’ within the General Data Protection Regulation (GDPR) and in light of the EU ‘AI Act’, which is expected to be adopted. The legal remedies under EU law are examined and assessed in terms of their efficiency. [ABSTRACT FROM AUTHOR]

Published
2023
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6. Data Autonomy: Recalibrating Strategic Autonomy and Digital Sovereignty.

Author

GSTREIN, Oskar J.

Subjects
PERSONALLY identifiable information, TRANSBORDER data flow, CYBERBULLYING, AUTONOMY (Philosophy), AUTONOMY (Psychology), DATA protection laws, COMMUNICATION infrastructure, ARTIFICIAL intelligence
Abstract

The datafication of society comes with a recalibration of power structures. European states can no longer depend on territorial control to govern (cyber)space, powerful corporations own essential cloud infrastructure, state actors denying the importance of democracy and human rights have crucial roles in supply chains, and users are left without choice when using digital services. This article proposes data autonomy as a value-based framework, in response to this ongoing powershift undermining the European Union's strategic autonomy. In contrast to debates around digital sovereignty and international data flows in data protection law, data autonomy aspires to establish a framework that puts human dignity at its core. Essentially, data autonomy is based on informational self-determination, yet expands it in three dimensions: First, informational selfdetermination remains limited to the citizen-state relationship. The scope of data autonomy expands to private actors, in cases where those are particularly powerful. Secondly, data autonomy expands beyond individual rights and duties, including organizational autonomy as an enabler for individual autonomy. Thirdly, data autonomy addresses harmful inferences resulting from the use of systems based on machine learning or artificial intelligence. Therefore, it is not limited to risks stemming from statically labelled data (e.g., data stored in databases). [ABSTRACT FROM AUTHOR]

Published
2023
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7. The Important Role of Emergence in Conceptualizing the Challenges of New Technologies to Private Law.

Author

ESAYAS, Samson

Subjects
TECHNOLOGICAL innovations, CIVIL law, INDUSTRIAL engineers, SYSTEMS theory, TORTS, ARTIFICIAL intelligence
Abstract

Copyright of European Review of Private Law is the property of Kluwer Law International and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Published
2023
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8. Private International Law and Artificial Intelligence: An EU Perspective.

Author

POESEN, Michiel

Subjects
ARTIFICIAL intelligence, CROSS border transactions, CONFLICT of laws, CIVIL liability
Abstract

Copyright of European Review of Private Law is the property of Kluwer Law International and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Published
2023
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9. AI and Legal Personality in Private Law: An Option Worth Considering (?).

Author

SCHOLLAERT, Victor

Subjects
CIVIL law, ARTIFICIAL intelligence, PERSONALITY, LEGAL liability, BURDEN of proof, CIVIL liability
Abstract

Copyright of European Review of Private Law is the property of Kluwer Law International and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Published
2023
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10. Artificial Intelligence and Tort Law: A 'Multi-faceted' Reality.

Author

DHEU, Orian and DE BRUYNE, Jan

Subjects
ARTIFICIAL intelligence, TORTS, SURGICAL robots, STRICT liability, PRODUCT liability, BURDEN of proof
Abstract

Copyright of European Review of Private Law is the property of Kluwer Law International and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Published
2023

11. Artificial Intelligence as a Communication Tool in Contract Law.

Author

PONCIBÒ, Cristina

Subjects
CONTRACTS, ARTIFICIAL intelligence, CONTRACT theory, TELECOMMUNICATION systems, COMPUTER software developers
Abstract

Copyright of European Review of Private Law is the property of Kluwer Law International and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Published
2023
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12. Editorial for the special issue: "AI and Private Law".

Author

De Bruyne, Jan and Ebers, Martin

Subjects
CIVIL law, ARTIFICIAL intelligence, MACHINE learning, INFORMATION technology, INTELLECTUAL property
Abstract

This article explores the increasing influence of artificial intelligence (AI) and machine learning (ML) in various fields, including law, politics, ethics, economics, and society. It discusses the challenges posed by AI systems, such as information imbalances, accountability issues, discrimination, and autonomous behavior, and examines how legal rules and frameworks can address these challenges. The article also highlights the need for more research on the impact of AI on European private law and comparative law. It introduces a special issue of the European Review of Private Law that aims to analyze AI from the perspective of European private law and provides an overview of the topics covered in the first article of the special issue, including the question of granting legal personhood to AI systems and the impact of AI on contract law, liability, consumer law, intellectual property rights, dispute resolution, and private international law. The article concludes by mentioning upcoming regulatory developments in the field of AI. [Extracted from the article]

Published
2023

13. Artificial Intelligence and Tort Law: A 'Multi-faceted' Reality.

Author

VAN DER HAEGEN, Matthias

Subjects
ARTIFICIAL intelligence, NATURAL language processing, DISPUTE resolution, MACHINE learning, JUDGES
Abstract

Copyright of European Review of Private Law is the property of Kluwer Law International and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Published
2023

14. Non-contractual Liability in the Context of Artificial Intelligence: The Long Way to New EU Legislative Tools.

Author

TRULI, Emmanuela N.

Subjects
ARTIFICIAL intelligence, DAMAGES (Law), ECONOMIC expansion
Abstract

Copyright of European Review of Private Law is the property of Kluwer Law International and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Published
2023
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15. The AI Act and Its Impact on Product Safety, Contracts and Liability.

Author

DE GRAAF, Tycho and VELDT, Gitta

Subjects
PRODUCT safety, ARTIFICIAL intelligence, SAFETY regulations, LEGAL liability, CIVIL law
Abstract

Copyright of European Review of Private Law is the property of Kluwer Law International and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Published
2022
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16. Artificial Intelligence Law

Author

Edward Swan and Edward Swan

Subjects
Artificial intelligence, Artificial intelligence--Law and legislation
Abstract

It is inevitable, given the enormous media-driven concern generated by the recent application of artificial intelligence (AI) to an ever-expanding spectrum of day-to-day human experience, that the need for a clearly articulated legal response has become imperative. This book both clarifies the controversial issues surrounding the use of AI and explores in great detail how, far from being “unregulated,” the creation, distribution, and operation of AI systems currently is, and will remain, subject to a vast array of existing laws and regulations all over the world. Demonstrating beyond any doubt that the traditional concepts of legal responsibility, including duty of care, negligence, and compensation for damages, will always be applicable to those humans who create and/or use artificially intelligent things or systems, the author shows how AI systems are clearly implicated in numerous existing legal regimes, including the following: relevant provisions under international law and EU law; applicable provisions in the laws of the United States, the United Kingdom, France, China, India, Japan, South Korea, and Singapore; and numerous national provisions in the legal fields of health and safety, intellectual property, competition, privacy and data protection, and military engagement. However, given the lack of international consensus on this vitally important issue, the author suggests that any worldwide agreement on the legal responsibilities relating to the use of AI will need to be carefully defined, and that provisions will need to be reviewed to determine how they will apply to any new range of artificially intelligent creations. The purpose of this book is to review those legal concepts, throughout the world, that currently govern the application of AI and to comment on modifications or extensions of the rule of law that are being proposed as necessary to serve and protect humanity in relation to the expanding applications of AI. It is important that anyone who uses or is affected by AI products understands the relationship between existing laws and regulations in major markets around the world and those areas where initial regulations may be required. For them, for their counsel, and for the various policy and regulatory authorities confronted with AI issues, this book will prove an essential guide.

Published
2024

17. Artificial Intelligence and Patents : An International Perspective on Patenting AI-Related Inventions

Author

Jonathan P. Osha and Jonathan P. Osha

Subjects
Patents, Artificial intelligence
Abstract

Artificial Intelligence (‘AI') and the AI sub-field of Machine Learning (‘ML') are terms that originated in the fields of computer and data science but now form part of the common vernacular. AI has now found application in virtually every field. Some applications of AI have become part of our daily lives: virtual assistants, chatbots, search engines, online language translation and eCommerce all employ AI in various forms. Generative AI such as OpenAI's products ChatGPT (natural language generation), Jukebox (music generation) and DALL-E2 (image generation) have captured the public attention to an enormous degree and can, indeed, do amazing things. A myriad of other applications of AI are found in disparate fields that, while not as visible on a daily basis, impact on our lives in a wide variety of ways. With this rapidly-increasing impact comes not only exciting new technical capabilities but also new challenges for intellectual property (‘IP') law. Are current laws fit for purpose or is something new or different needed? This is not a new question; one need only look back to the early days of digital music, computer software and 3-D printing to find similar discussions of whether existing IP law is suited to emerging technologies. For the most part, the answer in the past has been “yes”, with perhaps a tweak here and there. Whether the same will be true of AI is, as yet, an open question. This book focuses specifically on AI and patents. Unsurprisingly, different jurisdictions have taken different approaches to patentability of AI-related inventions. Terminology (what is an “AI-related invention”?) also is inconsistent from one patent office to the next. These factors combine to create a maze of laws and regulations that patent applicants must navigate to secure protection for their innovations. To facilitate comparison of laws and practices, this book introduces a taxonomy that separates AI-related inventions into five conceptual categories. The patent law implications of each category are then addressed in national and regional chapters reflecting the perspectives of 16 major jurisdictions. All chapters follow the same structure, thereby allowing the reader to directly compare approaches taken by different jurisdictions. Thirty-nine subject matter experts from around the world contributed to this book. This is the eighth volume in the AIPPI Law Series which has been established together with the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels.

Published
2023