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The legal implications of Generative AI

In collaboration with the Deloitte AI Institute, considerations for intellectual property, data protection, contracts for corporations and Generative AI policy.

The current enthusiasm for AI adoption is being fuelled in part by the advent of Generative AI

While definitions can vary, the EU AI Act defines Generative AI as "foundation models used in AI systems specifically intended to generate, with varying levels of autonomy, content such as complex text, images, audio or video." (Art. 28b (4) AI Act)

As businesses explore how to use these new tools, there are potential concerns for enterprise stakeholders, particularly legal and compliance professionals.

Generally, a legal executive’s role in examining the use of Generative AI is to knowledgeably advise stakeholders (i.e., business leaders, executive peers, the board and others) on the risks associated with business applications of Generative AI. To this end, it is helpful to understand how Generative AI works and the risk implications the technology presents.

Here we look at some common legal issues arising in the Generative AI space. Because regulatory frameworks applicable to Generative AI are emerging and quickly evolving, this article avoids a comprehensive discussion of existing or proposed regulations, except where a particular example might provide a better understanding of the relevant risks. And there’s even more in the full report.

Explore the legal implications