Artificial Intelligence
We offer market-leading and full-service legal assistance in all aspects related to artificial intelligence (AI). Please contact us if you have questions about the acquisition, use, or development of AI.
Artificial intelligence creates unprecedented commercial opportunities for businesses in all industries and for the utilisation of business data. Responsible use of AI tools requires organisations to have a strong awareness of the legal and ethical aspects of AI. In addition to the EU's extensive technology legislation (including the AI Act, Data Act, NIS2, etc.), the development and use of AI can raise legal issues in a number of disciplines, such as privacy, information security, human rights, labour law, intellectual property law, procurement law, sector-specific rules and industry standards, and liability issues.
Through practical and commercial approaches, we help our clients develop and use AI in a safe, legal and responsible manner.
We offer
- Responsible use: Consultancy for strategic and responsible implementation and use of AI
- GAP analysis: Analysing business maturity and mapping measures to ensure compliance with upcoming legislation, including the AI Act
- Risk management: Review and assessment of risk management framework and methodology to ensure best practice in the face of new regulations and technology
- Contracts: Assessment and customisation of contracts with suppliers and customers in contractual relationships involving AI
- Procurement: Counselling on process and contract in all phases of a procurement
- Development and commercialisation: Advising on the development, certification, commercialisation and marketing of AI.
- Training: Training of management and employees to develop AI expertise, and awareness of legal and ethical considerations
Advice on organisation and responsible use of AI
We assist all organisations that develop or facilitate and make use of AI solutions. Responsible use of AI requires the organisation to be aware of which AI solutions it should allow, and which data can lawfully be used for training purposes. In addition, the organisation should develop governance systems and structures to ensure that the right decision-makers and stakeholders are involved.
In respect of general AI applications, we commonly assist clients with the following matters:
- Preparation of principles and governance systems for the development and use of AI, including privacy, accountability, security and ethical aspects
- Assessment of data use and legality related to the reuse of the organisation's data for the facilitation or training of AI for commercial purposes and associated risk mitigation measures
- Assessment of regulatory requirements
- Conducting risk and impact assessments
Advice on process and contract in all phases of a procurement
Procurement of AI systems and products raises some particular challenges for both private and public organisations compared to more traditional IT procurement. Several new legal requirements or considerations may apply. This, in turn, creates a need for increased understanding of AI technology and a need for knowledge of best practices for procurement, implementation and contractual provisions for such solutions.
We can assist both public and private buyers in all phases of AI procurement. This includes:
- Mapping of needs and risks
- Preparation of tender documents, including identifying relevant requirements in the requirements specification
- Drafting of suitable contracts based on market-leading knowledge
- Evaluation of tenders and assistance with negotiations
- Assessment of legal aspects
- Assessment of whether the procurement involves control measures or monitoring of employees under the Working Environment Act
We also assist suppliers who are submitting tenders in procurements or offering AI in the market.
Our expertise in public procurement also enables us to handle the unique challenges associated with conducting procurements in compliance with public procurement regulations.
Advice on the development, certification, sales and marketing of AI
Development of AI products and services for customers
We assist organisations that offer AI tools to their customers. A prerequisite for the successful commercialisation of AI is that the customer can use the product or service legally and safely, and that suppliers are aware of the risks associated with data use, information security and potential liability.
When developing and commercialising AI, we typically assist clients with the following matters:
- Assessment and drafting of agreements, such as customer contracts, subcontractor agreements and end user terms and conditions
- Commercialisation of AI products and services, such as legal assessments of the legality of products and services and risk mitigation measures
- Review of legal terms and conditions from subcontractors
- Assistance in understanding environmental requirements that the organisation must document compliance with
Other relevant expertise areas
Contributors to Chambers and Partners Practice Guide to Artificial Intelligence
Our lawyers Mathias K. Hauglid, Gry Hvidsten and Lars Erik Steinkjer have written the Norwegian chapter of Chambers and Partners Practice Guide to Artificial Intelligence. The guide provides an overview of legislation and practice, the latest trends and insights on the regulation of artificial intelligence in Norway.
Read our articles on Artificial Intelligence
4 – Artificial Intelligence Act: Safe, reliable and human-centred artificial intelligence
The proposal for regulating artificial intelligence by the European Commission marks a global first, introducing a comprehensive legal structure in this domain. This Act targets both AI system providers and users, emphasising significant penalties for non-compliance — potentially up to 40 million Euros or 7% of the total annual turnover. This underscores the importance of adherence to these regulations. At the heart of the Act is a commitment to fostering trust in artificial intelligence, a cornerstone deemed essential for unlocking and maximising the vast social and economic possibilities offered by AI technologies
3 – Digital Markets Act: Fairer digital markets
The European Union's regulation on contestable and fair markets in the digital sector, the Digital Markets Act ("DMA"), has entered into force in the EU. Today, there are a small number of very large online platforms globally that greatly influence the framework for innovation, consumer choice and competition in the digital markets. Certain large platforms therefore act as so-called gatekeepers. By establishing duties and prohibitions for such gatekeepers, the new rules seek to ensure fair competition in digital brands and to give users greater freedom of choice. The DMA also enables the European Commission to carry out market investigations and sanction non-compliance in ways heavily influenced by EU competition law enforcement.
2 – Digital Services Act: A safer digital space
The European Union's new Digital Services Act aims to create a safer digital space for citizens and businesses. The regulation seeks to provide for greater democratic control and supervision of digital platforms, and to reduce the risk of manipulation, disinformation and illegal content.
