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Artificial Intelligence

AI Safety and Action: How Governance Builds Trust

The current AI wave holds remarkable opportunities for innovation, societal advancement and economic growth. To realise this promise, companies are securing massive amounts of compute, energy, data and other resources necessary for AI advancement. But the commercial and societal success of AI hinges largely on another resource not often discussed – trust. Trust encompasses multiple dimensions, including public confidence, system reliability and transparency. But how can we cultivate this critical trust? The answer may lie in effective and targeted governance. If AI is not secure, reliable, and transparent, the risk of harm increases, users lose trust in AI tools and adoption of the technology may stall. By looking at key themes such as transparency and bias, and examining their evolution in other sectors, we can better understand the risks that need to be mitigated and, importantly, the benefits – to both safety and innovation – of implementing an effective governance program.
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Artificial intelligence

Japan's Inaugural AI Regulations: A Pro-Innovation Approach

Japan's new proposed AI regulations aim to foster AI research and development while ensuring ethical use and the protection of citizens' rights, emphasising collaboration among government, businesses and citizens, rather than imposing stringent requirements. In this article we look at the key aspects of the proposed legislation.
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Artificial intelligence

Inclusive AI for people with disabilities: Key considerations

To mark International Day of Persons with Disabilities (IDPD) 2024 we will look at how AI is empowering inclusivity and improving accessibility for disabled individuals generally before providing an overview of the global legal landscape looking at the US (federal and State levels); Europe (the EU and the UK), and APAC (Australia, Singapore and China).

Healthcare & life sciences

U.S. Healthcare AI Developments: California's New Healthcare-focused genAI Law

alifornia, Colorado, Illinois, New York, and Utah have each introduced laws regulating AI in healthcare, ranging in scope. Of particular note is a new law in California, AB 3030, regulating genAI use in patient communications and set to take effect on January 1, 2025.

Artificial intelligence

Africa's AI future – governance, strategy, and essential business considerations

We have laid out our key insights for businesses developing, deploying and using AI in Africa.

EU AI Act: Overview of the key rules and requirements

EU AI Act: Overview of the key rules and requirements

After years of consultation, drafting and negotiation, the EU Artificial Intelligence Act (EU AI Act) was finally published in the EU's Official Journal on 12 July 2024. This marks a major step forward towards a more sustainable and secure future of AI, globally. For more detail on the key rules and requirements of the EU AI Act, you can download our Executive Briefing and EU AI Act Summary.

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Understanding the EU AI Act: implications for employers
Artificial intelligence

Understanding the EU AI Act: implications for employers

The recent approval of the EU Artificial Intelligence Act (EU AI Act) marks a significant shift in the legal landscape surrounding the use of artificial intelligence (AI) in the workplace. Employers and HR professionals must be aware of the EU AI Act, its risk classifications and the corresponding obligations to ensure compliance.

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Colorado's New Comprehensive AI Legislation
Artificial intelligence

Colorado's New Comprehensive AI Legislation

On May 17, 2024, Colorado enacted the Concerning Consumer Protections in Interactions with Artificial Intelligence Systems Act (the Colorado AI Act), making it the first U.S. state to pass comprehensive legislation regulating AI. Starting on February 1, 2026, developers and deployers of AI systems affecting consumers will be required to comply with a range of requirements, or risk enforcement action by the Colorado Attorney General (AG).

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Recent Webinars

Webinar: Data and cyber considerations for AI

Organisations developing, deploying or using AI systems and tools must navigate privacy, data protection and cybersecurity requirements alongside AI-specific regulations. These parallel, and at times overlapping, frameworks and rules raise new challenges but also enable fresh opportunities for organisations.In our recent webinar our global panel shared practical and market insights at the intersection of these developments, including in the context of governance and compliance programs, risk management and contractual negotiations.  

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Webinar: Regulating AI examining global developments

In this webinar our expert panel looked at the global development of regulatory frameworks for AI, including emerging trends and diverging approaches being taken in different jurisdictions. This included the EU’s AI Act, US developments at federal and state level, the UK perspective and the measures being taken in China to tackle regulation of generative AI and deepfakes.

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Webinar: Contracting for AI

In this webinar our global panel of speakers discussed strategy and practical tips for contracting for AI. They considered questions such as : what makes procuring AI different from procurement of other software or services? How does this affect your contract terms and your supplier onboarding and management processes? When there is limited scope for negotiation, where should you focus your efforts?

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Artificial intelligence

Hong Kong Privacy Commissioner for Personal Data Issues Model Personal Data Protection Framework for AI

The Hong Kong Office of the Privacy Commissioner for Personal Data (PCPD) published its "Artificial Intelligence: Model Personal Data Protection Framework" (Model Framework). The Framework is a valuable guide for organisations in Hong Kong that seek to procure, implement and use AI systems that handles and processes personal data.

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Real estate

Explain: an introduction to the use of Artificial Intelligence in real estate

This paper from REvolve aims to bring some context to how AI might apply specifically to real estate organisations.

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Fintech

The Intersection of Digital Finance and AI

The panel discussed several key themes, including the diverse applications of AI in digital finance, the potential for AI to revolutionise economic activity and the need for financial services to support the AI-driven economy, the importance of trust and how international regulation is attempting to address risks like bias, false information, and the "black box" problem and the need to demonstrate AI's benefits to customers and regulatory authorities and meet consumer protection standards. The panellists collectively expressed optimism about AI's future impact, provided appropriate safeguards are in place.

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UK Supreme Court ruled that AI cannot be an inventor for UK patents
Intellectual Property

UK Supreme Court ruled that AI cannot be an inventor for UK patents

After hearing the case of Thaler v Comptroller General of Patents Trade Marks and Designs in March earlier this year, the UK Supreme Court has ruled, in a hotly anticipated judgment, that an inventor within the meaning of the Patents Act 1977 (the "1977 Act") must be a natural person who devises a new and non-obvious product or process (the invention), and that an AI system cannot be an inventor.

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Bot, Bank & Beyond Clifford Chance's view on AI in finance
Fintech

Bot, Bank & Beyond Clifford Chance's view on AI in finance

As AI-powered agents, bots and beyond, become increasingly prevalent, how will money and finance change? How will the underlying concepts and structures of finance be reshaped? In a bot-to-bot world, where machines transact with minimal human intervention, what does the world of money look like?

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A Focus on Transparency in AI By the ONC
Healthtech

A Focus on Transparency in AI By the ONC

The US Office of the National Coordinator for Health Information Technology (ONC) recently released a final rule titled "Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing" that updates the Health IT Certification Program and implements provisions of the 21st Century Cures Act. This rule significantly impacts the transparency and interoperability of health information technology and electronic health records, with a strong focus on AI and predictive algorithms.

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Assessing the State of Artificial Intelligence

Assessing the State of Artificial Intelligence

In 2023, Tapestry Networks and Clifford Chance launched AI Connect to provide board members and senior executives from leading companies with a platform to engage on the possibilities and risks posed by AI. Following a series of interviews and small group discussions to debate what the emerging AI ecosystem will look like and how business leaders can responsibly deploy the technology, the AI Connect Forum have launched a brand new report on key takeaways from the findings: Assessing the State of Artificial Intelligence.

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SEC Invents "AI Washing" with Focus on Investment Adviser Practices
Fintech

SEC Invents "AI Washing" with Focus on Investment Adviser Practices

On March 18, 2024, the U.S. Securities and Exchange Commission (SEC) settled enforcement actions against two SEC-registered investment advisers, Delphia (USA) Inc. (Delphia) and Global Predictions Inc. (Global Predictions) for allegedly deceptive disclosures about their use of artificial intelligence.

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AI in US Healthcare Outsourcing – It's Time to Check Your Contracts
Healthtech

AI in US Healthcare Outsourcing – It's Time to Check Your Contracts

If you are a health insurer that outsources your claims processing functions, you are likely leveraging your service providers' artificial intelligence (AI) and have been for quite some time. The rapid growth in generative AI and concerns about its use are cause to re-examine your outsourcing agreements.

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More AI Articles

Commercial Implications for Health Insurers in the Latest AI Guidance from the US Government
Healthcare & life sciences

Commercial Implications for Health Insurers in the Latest AI Guidance from the US Government

Artificial Intelligence (AI) is fuelling discussions on regulation, appropriate oversight, and ethical use. For the health care industry, the use of AI has at its core a range of social policy issues that intimately relate to individuals' medical treatment and ultimately, wellbeing, and new U.S. Government guidance will have a significant impact on health insurers

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Japanese Law Issues Surrounding Generative AI: ChatGPT, Bard and Beyond
Artificial intelligence

Japanese Law Issues Surrounding Generative AI: ChatGPT, Bard and Beyond

Organisations and governments around the world are attempting to harness the power of generative AI and navigate a path for safe and secure use. In Japan, those exploring the opportunities presented by generative AI will need to consider complex legal issues, including in relation to copyright, data privacy and liability.

Biden Executive Order on AI: what businesses can do (for now) about the safety and security mandates
Artificial intelligence

Biden Executive Order on AI: what businesses can do (for now) about the safety and security mandates

This article focuses on the safety and security aspects of the EO and similarly, seeks to offer practical guidance and perspective.

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global-communication-network-concept

AI: the evolving legal landscape in Asia Pacific

Asia Pacific (APAC) is a first mover in relation to AI regulation. Mainland China, in particular, has had city or regional regulations in place for some time and, more recently, enacted national AI regulations targeted at particular types of AI services or use. Across APAC, however, approaches vary significantly in relation to regulating AI. This article explores AI-related legislative developments across APAC, as part of our APAC tech themes series. The first focus topic of the series examining data themes in APAC can be found here. For more in-depth analysis of tech issues and developments across APAC, see our second edition of A Guide to Technology Disputes in Asia Pacific, available here.

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Generative AI: the big questions

Generative AI: the big questions

With the public release of OpenAI’s ChatGPT, generative AI went from niche to nova. Generative AI has reached an astonishing level of capability, from producing near-human text responses and photorealistic images of non-existent events, to suggesting software code and creating websites. In turn, political and regulatory focus has sharpened regarding how to ensure responsible AI use and development. Balancing risk and reward in the deployment of AI has entered uncharted territory as the legal landscape for AI evolves and this versatile technology disrupts the way we work and create across sectors.

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What businesses need to know (for now) about the Biden Executive Order on AI
Artificial intelligence

What businesses need to know (for now) about the Biden Executive Order on AI

On October 30, 2023, President Joe Biden announced an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO), which marks a historic milestone in the regulation of artificial intelligence systems and technologies in the United States.

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Is ChatGPT a medical device?
Healthtech

Is ChatGPT a medical device?

ChatGPT can provide medical information, but should it be classified a medical device? It's a question that Germany's Federal Institute for Drugs and Medical Devices (BfArM) was confronted with in an open letter from a Hamburg-based law firm .

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What's wrong with this picture? AI-created images and content: copyright ownership and infringement
Intellectual Property

What's wrong with this picture? AI-created images and content: copyright ownership and infringement

Countless social media posts, images and articles have been generated using AI tools such as ChatGPT, Stable Diffusion and Dall-E. But who – if anyone – owns the copyright in the outputs, and do the tools themselves infringe copyright? Our IP & Tech//Digital teams take a deep dive into the issues and the recent infringement claims.

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EU AI Act: Final negotiations can begin after European Parliament vote
Artificial intelligence

EU AI Act: Final negotiations can begin after European Parliament vote

On 14 June 2023, the European Parliament voted to adopt its negotiating position on the proposed EU regulation on AI (AI Act). This is another major step towards the adoption of the proposed AI Act, undoubtedly one of the most important and anticipated pieces of legislation of the past few years.In this article (also available as a PDF), we examine some of the key changes introduced by the European Parliament.

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All Eyes on AI: More guidance for U.S. employers on the use and risks of AI in hiring decisions
Artificial intelligence

All Eyes on AI: More guidance for U.S. employers on the use and risks of AI in hiring decisions

On May 24, 2023, the U.S. Equal Opportunity Employment Commission issued a paper, "Select Issues: Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Action of 1964," with the aim of continuing to provide further guidance to employers on the uses and potential misuses of algorithmic decision-making tools.

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AI-Generated Music and Copyright
Intellectual Property

AI-Generated Music and Copyright

When a track by artist "Ghostwriter" was uploaded and then promptly removed from streaming services in April, it was the latest example of one of 2023's most astonishing trends. The track 'heart on my sleeve' sounded like it was sung by two of the world's biggest stars, Drake and The Weeknd. In fact, it was actually someone who had used an AI tool to make his voice sound like theirs.

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China moves to further regulate artificial intelligence – what businesses should know
Artificial intelligence

China moves to further regulate artificial intelligence – what businesses should know

On 11 April 2023, the Cyberspace Administration of China (CAC) published a consultation draft (the Administrative Measures for Generative Artificial Intelligence Services (the GenAI Measures)) to regulate the rapidly developing field of generative artificial intelligence (AI). This article highlights some key questions for businesses that are involved in the use or development of AI within or outside China.

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The intellectual property and data protection implications of training generative AI
Artificial intelligence

The intellectual property and data protection implications of training generative AI

The models underlying popular generative AI tools such as ChatGPT, Bard and DALL-E are being trained on vast amounts of data sourced from the internet. The use of such data in the training of GPT and similar models therefore gives rise to intellectual property and data protection risks on a significantly augmented scale.

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Financial services can light the way for context-specific AI regulation
Artificial intelligence

Financial services can light the way for context-specific AI regulation

Given the rapid uptake in the use of artificial intelligence (AI) including machine learning (ML) technologies in the financial services sector, the sector and its regulators have enjoyed a head start in exploring and seeking to navigate the issues that arise. The sector is therefore well-positioned to demonstrate how a pro-innovation, context-specific and risk-based approach to regulating AI can succeed.

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ICYMI: The U.S. Government Launches AI Accountability Consultation
Artificial intelligence

ICYMI: The U.S. Government Launches AI Accountability Consultation

On April 11, President Biden's administration quietly dropped a consultation that might lead to a slow revolution in the U.S.'s approach to AI regulation. The Department of Commerce's National Telecommunications and Information Administration (NTIA) published a request for comment (RFC) on how to achieve "trustworthy AI." The comments window is open until June 12, after which the NTIA will draft a report on AI policy development

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Data poisoning and AI transparency
Cyber

Data poisoning and AI transparency

In this article, part of behavioural insights practice Canvas8’s 2024 Expert Outlook – an annual report helping businesses to understand and navigate behavioural change in the year ahead – Herbert Swaniker, a senior lawyer at Clifford Chance, charts the new challenges for cyber security.

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Reports

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Report: Responsible AI in Practice

Public awareness of AI is increasing and, with it, questions on how AI will be used and the impact it will have on our lives. To help identify the pressures faced by policymakers and demands from stakeholders, our report, in partnership with Milltown Partners – Responsible AI in Practice – analyses the results of focus groups of policy-informed individuals conducted in the US, the UK and Germany. Groups were asked about issues such as bias, consent, copyright, transparency,  content moderation and AI governance.  We found that people's attitudes towards AI are developed and nuanced. They are optimistic about the potential of AI, but there is work to do to demonstrate that it will be used responsibly and safely.

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Upcoming events

19 June 2025: Quantum state of play – emerging opportunities and threats

Quantum technology is here now, but transformational use cases exist more in theory than practice. Despite this, corporations and governments are investing billions in a technology that could radically reshape our world. What takeaways can we draw from the emerging confluence between computation and physics? How will quantum technologies impact data privacy, cybersecurity, IP, markets, and international trade? Our panellists will cut through the hype, exploring commercial and legal implications of the current state of technological progress and sharing concrete steps that you can implement in your organisation today.

 

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