For this case we were engaged by a multinational company to provide assistance on integrating GenAI into their customer-facing online platform. Our client wanted to harness the capabilities of GenAI to enrich user experience – a vital step in the enhancement of their digital services. The solution, built on Microsoft Azure’s OpenAI technology, asks website visitors questions about relevant topics, and uses the answers to guide themtowards personalized recommendations, tailored services and purchases.

Our task was to pinpoint and proactively tackle potential legal obligations concerning the integration of GenAI. We used a holistic approach that allowed us to explore, identify and manage all the key legal issues stemming from the upcoming AI Act, as well as existing data protection laws, consumer legislation and intellectual property laws.

After careful consideration, we concluded that the AI Act would only impose a limited number of obligations on our client. We highlighted key areas for compliance and advised on how to fulfil necessary legal measures and mitigate the risks of non-compliance.

In doing so, we made a distinction between nice-to-haves and must-haves. One important must-have was a text clearly informing consumers that they are interacting with an AI system and how their personal data will be handled. One nice-to-have was a disclaimer text on the customer interface that mitigates the risk of customer claims arising from output generated by the solution. We made proposals for both these texts.

The client praised us for our understanding of the complex legal landscape for this technology-driven solution and being able to provide clear and concise legal analysis within strict time constraints.