Artificial Intelligence Act: Will the EU set a global standard for regulating AI systems?
The world pins high hopes on the development of artificial intelligence systems. AI is expected to generate huge economic and social benefits across various aspects of life and sectors of the economy, including the environment, agriculture, healthcare, finances, taxes, mobility, and public administration. The progressing development of AI systems is forcing the creation of appropriate legal frameworks, which on one hand should facilitate further growth of AI technologies but on the other hand should ensure adequate protection of persons using such systems and raise societal confidence in the operation of AI systems.
Data Governance Act: A step closer to easier sharing of data
On 30 November 2021, the Council of the European Union and the European Parliament reached a provisional agreement on the final wording of a draft Data Governance Act (DGA) (COM/2020/767 final). The aim of the proposal is to promote the availability of data and to build a trustworthy environment facilitating the use of data (both person and non-personal) for research and creation of innovative new products and services. It is also intended to create a legal framework for easier sharing of data and mechanisms facilitating re-use of certain data held by the public sector, including data involving health, agriculture and the environment.
Data sharing in the light of competition law
Sharing, exchanging or jointly collecting data may be valuable for the businesses involved and for the development of a given industry sector, technological innovation, and, as a result, consumers. Indeed, data are of fundamental importance for the development of the digital economy, either alone or as a basis for functioning of artificial intelligence. Hence, the competitiveness of companies on the market depends on access to relevant data.
Re-use of public sector information
The activity of public sector entities often involves generation and use of extensive sets of data. These datasets serve to perform public tasks, but often have measurable economic value. Here we will examine the rules under which entities from outside the public sector can gain access to data of this type and use them to create new products and services.
What does your car know about you?
In recent days, it was widely reported in the media that a well-known manufacturer began testing a system allowing for display of personalised ads in cars. But attentive drivers are not surprised. It is no secret that a modern car is a computer on four wheels, as it processes large amounts of data to ensure safety, transport efficiency, and access to navigation and infotainment services.
Data as collateral?
To complement our previous considerations about the civil-law status of data, we should analyse the possibility of using data to create security interests in business transactions. The increasing economic value of data inspires a search for effective ways to collateralise these assets.
Inheritance of data
A natural extension of the consideration of the legal status of data is the question of whether data can be inherited. This is no longer just a theoretical issue. Data are increasingly valuable, making it vital to answer the question of whether data constitute an asset of the decedent’s estate that can be taken over by the heirs.
What is the right to personal data?
When seeking inspiration for the future legal status of data, it is worth taking a closer look at how the right to personal data has been shaped. In particular, we could consider whether it is a property right and whether the current legal framework for the right to personal data corresponds to reality and meets our needs.
Data as crypto-assets
At first glance, it may not seem obvious to treat data as crypto-assets. But a closer look shows that the current and planned regulations for this new asset class could serve as a key legal framework for the future data economy.
What’s the MyData movement all about?
The contemporary debate about data, including discussions of the legal status of data, are hard to understand without defining the broader context. One element of this context is the demands of the movement referred to collectively as “MyData.”
Data and copyright
Is copyright a path to take to protect data? Can data be regarded as a result of creativity and, consequently, a protected work? Does the protection of a data filing system also include the data collected in it?
Different layers of data
The conceptual framework of the data economy also requires an understanding of the division of data into different layers. This may have great legal significance.