How to Talk AI to Your Lawyers
You have an AI project, but are stuck with getting legal approval? David will share some insights on how to deal with lawyers and legal departments with regard to AI. What are the aspects they are looking for? What helps you get the green light? How to do in terms of governance?
AI Summary
Disclaimer: This session information was generated with the help of AI.
The information has been reviewed and refined by the Swiss Cyber Storm team and the speaker before publishing.
David Rosenthal discusses the intersection of AI technology and legal frameworks, emphasizing the importance of understanding both technical and legal perspectives for effective AI implementation. He highlights the challenges lawyers face with AI, including compliance, risk management, and the need for education on AI technologies. Rosenthal suggests a collaborative approach between tech professionals and legal teams to navigate the complexities of AI in a legal context.
Key facts
- David Rosenthal is recognized as a leading expert in the intersection of AI and legal frameworks.
- The AI Act, while significant, has a narrow area of application and may not be practically relevant for most AI applications.
- Lawyers often struggle with the technical aspects of AI, leading to a reliance on risk management strategies over strict compliance.
Ideas
- The importance of bridging the gap between technical understanding and legal frameworks to effectively implement AI.
- Lawyers face challenges in understanding AI due to overwhelming information and a lack of technical knowledge, leading to fear and resistance.
- A risk-based approach to AI implementation is more practical than seeking full compliance, focusing on managing significant risks rather than eliminating all risks.
- The necessity of educating lawyers about AI technologies to improve their understanding and ability to address legal issues related to AI.
- The potential for governance and early engagement with legal teams to prevent legal nightmares and facilitate smoother AI project implementations.
Keywords
- AI
- Legal Frameworks
- Risk Management
- Lawyer Education
- Compliance
Quotes
- “you first have to understand where they're coming from emotionally to see how basically what they see and read in the press and how they then react to it”
- “the lawyers themselves know that they don't know and they don't trust really their own knowledge of AI which is one of the underlying problems”
- “we're not talking about is it compliant or not we're talking about risk and risk management and risk-based approaches”
- “invest in governance you may not like governance beyond what you're doing in your area but it is something that can help you”
Recommendations
- Educate legal teams on AI technologies to foster better understanding and collaboration.
- Adopt a risk-based approach to AI implementation, focusing on managing significant risks.
- Engage with legal teams early in the AI project lifecycle to navigate potential legal challenges effectively.
About the speaker
David Rosenthal
Partner, Vischer
David Rosenthal has broad experience in advising and representing national and multinational clients in the areas of data protection and other aspects of data law, technology law, AI, eDiscovery, technology arbitration and internal investigations.
He studied law at the University of Basel and initially worked as a software developer, ran an independent press office in Basel and provided his own legal advice.
In 2001, he joined Homburger, one of the high-end Swiss commercial law firms, as counsel, where he became co-head of its IT practice group.
On June 1, 2020, he became partner at VISCHER, one of the leading Swiss business law firms with a particularly strong expertise in regulatory and TMT matters.
David authored numerous publications on data protection law in Switzerland, is a frequent speaker at events and lectures at the ETH Zurich and the University of Basel.
He is a secretary of the Association for Corporate Data Protection (VUD) and the Cross-border eDiscovery Privacy & Investigations Association (CeDIV) and on the board of the Swiss Forum of Communications Law (SF-FS).
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