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EU liability rules for the age of Artificial Intelligence
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#Tech, Media, Telecom

EU liability rules for the age of Artificial Intelligence

  • March 18, 2021
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REPORT | EU liability rules for the age of Artificial Intelligence
PRESENTATION | EU liability rules for the age of Artificial Intelligence (Dr. Miriam Buiten)

The new CERRE Tech, Media, Telecom report “EU liability rules for the age of Artificial Intelligence” aims to identify the gaps in existing liability rules for cases involving AI technologies and assesses whether – and how – these rules should be reviewed.

With Artificial Intelligence increasingly ubiquitous in our everyday lives, both benefits and risks arise, setting the context for the report’s analysis.

CERRE’s new research examines in depth the challenges presented for existing liability frameworks by unpredictable and autonomous AI systems. These characteristics complicate the question of who bears responsibility for accidents involving AI systems, potentially making it difficult for injured parties to prove causality. AI liability regimes are important within the EU’s policy agenda, and this report explores what the features of such regimes might be. The European Commission is expected to adopt a legislative proposal to protect against AI-specific risks in 2021, following an invitation from the European Council to put forward a clear, objective definition of high-risk Artificial Intelligence systems.

As policy makers turn their attention to the liability of Artificial Intelligence, there are two important questions to address:

  1. Do existing civil liability rules adequately cover risks arising in the context of AI systems?
  2. How would modified liability rules for producers, owners, and users of AI play out? 

The report considers these questions in the context of EU non-contractual liability rules, acknowledging the interaction of these rules with other regulatory instruments such as sector-specific safety rules.

Authors Dr. Miriam Buiten, Prof. Alexandre de Streel and Prof. Martin Peitz produce an extensive set of guiding principles as well as specific recommendations for adapting EU liability rules to AI challenges according to three dimensions: (1) who should be liable; (2) the scope of new rules; and (3) the level of harmonisation.

The report was presented and debated on 18 March 2021 during a CERRE online event “Liability rules for the age of Artificial Intelligence”.

Author(s)
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Miriam Buiten
Miriam Buiten
CERRE Research Fellow
University of St.Gallen

Miriam Buiten is a CERRE Research Fellow and Assistant Professor of Law and Economics at the University of St.Gallen, Switzerland. She leads a research team on “Platform Governance”, funded by the University of St.Gallen Basic Research Fund. Her research focuses on the legal issues surrounding new technologies and artificial intelligence and the role of competition law in regulating the digital economy.

Previously, Miriam was a Junior Professor of Law and Economics at the University of Mannheim. She has been involved in several policy studies for the European Commission and the Dutch government on topics such as the role of online intermediaries in the ecommerce sector and mechanisms to reduce regulatory burdens.

Alexandre De Streel
Alexandre de Streel
CERRE Academic Director
University of Namur

Alexandre de Streel is the Academic Director of the digital research programme at CERRE and Professor of European law at the University of Namur where he chairs the Namur Digital Institute (NADI). Alexandre is also visiting professor at the College of Europe (Bruges) and SciencesPo Paris. Besides, he chairs the expert group on the online platform economy advising the European Commission and is a part-time judge at the Belgian Competition Authority.

His main areas of research are regulation and competition policy in the digital economy as well as the legal issues raised by the developments of artificial intelligence.

Previously, Alexandre held visiting positions at New York University Law School, European University Institute in Florence, Barcelona Graduate School of Economics and University of Louvain. He also worked for the Belgian Deputy Prime Minister, the Belgian Permanent Representation to the European Union and the European Commission.

Martin Peitz
Martin Peitz
Former CERRE Research Fellow
University of Mannheim

Professor Martin Peitz is a former CERRE Research Fellow and Professor of Economics at the University of Mannheim. He is also a Director of the Mannheim Centre for Competition and Innovation.

His policy research focuses on digital markets, regulation, and competition economics.

Martin holds a PhD in Economics from the University of Bonn.

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