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Clifford Chance

Clifford Chance

AI and Tech

Understanding the opportunities and challenges AI and tech present for business

Artificial Intelligence (AI) has huge transformative potential. It has a wide range of applications and offers huge benefits for businesses across sectors. Development, provision and use of AI also needs to navigate a number of risks and practical challenges – including regarding ethical use, data governance, IP and ownership, AI liability, cyber security and resilience, as well as the multi-layered and quickly evolving regulatory landscape.

Rapid advances in AI are having a significant impact on our clients' business models, growth strategies and day to day decision making. Our experts examine the big questions arising in AI deployment, and provide holistic, pragmatic legal advice to help our clients strategically manage risk as they explore AI opportunities.

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AI Scholarship Programme with Oxford University

We’re using our global voice in Tech to promote AI safety through a ground-breaking scholarship programme. Jonathan Kewley, our Tech Co-Chair, has founded a scholarship programme with Oxford University to prioritise Tech ethics and computer science research. This supports people from diverse backgrounds to be part of this generationally important debate, and to design safety and fairness into the technology which now is all around us.

Insights

Explore our insights

  • International JapanTechnology AI and the law - the Japanese perspective (with Michihiro Nishi)

    Tokyo Partner Michihiro Nishi speaks to David Mitchell from 39 Essex Chambers about the current thinking of generative Artificial Intelligence (AI) regulations in Japan and the future of legal disputes in Japan surrounding generative AI. This podcast has been republished with the permission of 39 Essex Chambers.

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  • International Europe 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.

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  • International InternationalTechnologyPublic policy Generative AI: The big questions

    As legal, technology and risk-management teams collaborate to support business-critical decisions, establish forward-looking frameworks and embed responsible AI in company strategy, being able to assess and advise on AI with a holistic understanding of the changing legal and policy landscape has never been more important.

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  • International China 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 Intelligen...

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  • International United States 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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  • International United Kingdom Insurtech Update: Aye-aye, Eye and AI

    The Aye-aye (Daubentonia madagascariensis) is a long-fingered lemur native to, you guessed it, Madagascar – but my voice assistant told me it was a Canadian rock band (called Eye Eye). It is highly likely that you have your own experiences of the (current) limitations of artificial intelligence and in similar superficial contexts. However, when complex technology is used in the insurance value chain, deficiencies such as algorithm bias can have discriminatory and other significant consequences for policyholders such as higher premiums, refusal of insurance cover, or rejection of claims.

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  • International United Kingdom 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.

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  • International Generative AI: here to harm or help?

    The speed at which Generative AI has gained traction in both businesses and our daily lives has re-ignited the debate around the potential for harm associated with highly automated systems deployed at scale.

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  • International United Kingdom 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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  • International United Kingdom 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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  • International United Kingdom 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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  • International Europe The EU AI Act: concerns and criticism

    In recent months, the AI Act and the Council's approach have given rise to several responses and concerns from different industries. We discuss some of the key concerns in more detail in this article.

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  • International Italy The Italian Data Protection Authority halts ChatGPT's data processing operations

    On 30 March 2023, the Italian Data Protection Authority (the Garante) issued an interim emergency decision ordering OpenAI LLC ("OpenAI") to immediately stop the use of ChatGPT to process the personal data of data subjects located in Italy, pending further investigation.

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  • International Artificial Intelligence M&A and Fundraisings in 2023

    The arrival of 'generative AI' that can produce new content (text-based responses to queries, images, audio, video and even code) marks a new and exciting phase in the development of mainstream AI applications. The starting gun has been fired for a race to capture the market.

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  • International Trouble in the cockpit? Popular AI tool faces class action lawsuit

    A class action against GitHub Copilot has been filed alleging violations of the rights, including copyright, of authors that have created or contributed to codebases stored as public repositories on GitHub.

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  • International Developers can now let an AI assistant write code for them - but what are the IP implications?

    A year after its announcement, GitHub Copilot was launched last month to the public at large. The tool promises to "fundamentally change the nature of software development" by providing AI-based coding suggestions, saving developers time and effort. What are the intellectual property implications for those who build or buy software created using Copilot?

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  • International BanksTechnologyAntitrust competition litigationCompliance & online systemsEU Public policyMonitoring & advice on EU developmentsUnited StatesEuropean Union (EU)United KingdomGermany Fintech and Competition Law

    Competition authorities around the world have increased their focus on fintech as part of a broader rise in intervention in financial services and tech markets...

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  • International ChinaHong Kong SARIntellectual property China Finalises Standard Contract On Cross-Border Transfer Of Personal Information

    In recent years, China has developed its legal framework regulating data and personal information (PI) with the promulgation of the PRC Cybersecurity Law in 20...

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  • International International Data Centre Trends 2023

    The data centre industry is poised for growth in 2023 due to increased demand from businesses. However, factors such as higher costs, a slowing economy, new capacity challenges and increased regulation due to sustainability concerns about energy and water consumption, will impact growth. The pandemic has fueled the growth of the global data centre market, projected to reach 235 billion euros by 2026 with a projected Compound Annual Growth Rate of 4.5%. Companies must consider the latest tech trends when selecting a data centre partner or colocation provider.

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  • International International Fintech in 2023: Five trends to watch

    Last year was a tough one for fintech with the collapse of a number of high-profile industry players, as well as wider economic pressures including the war in Ukraine, supply chain challenges and high inflation.

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  • International International Tech Trends 2023

    Evolving technologies, increased digital connectivity, cyber risk, geopolitical tensions, climate change, supply chain disruption and changing markets are shaping government policies, regulation and legal risk in relation to use of data and technology.

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  • International European Union (EU)Singapore (Republic of)AustraliaUnited States Space tech: challenges and opportunities

    Space tech is not a future concept – it's here and now and offers many investment opportunities. The space industry is growing rapidly and has expanded by 70% ...

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  • International The metaverse: When is real estate no longer real?

    Approximately US$2 billion worth of 'land' has changed hands so far this year without a single human ever setting foot on it and with the knowledge that no hum...

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  • International TechnologyAntitrustData privacyEuropean Union (EU) Digital services regulation in the EU: an evolving landscape

    The regulatory landscape for digital services is being fundamentally redefined in the European Union (EU), with a boom in the number of legislative initiatives...

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  • International Consumer goodsConsumer business servicesRetailReal estateGamingSportsTechnologyTelecommunicationsAntitrustIntellectual property adviceIntellectual property disputes & enforcementAdministrative & public lawCyber security & information protectionRisk management & complianceReal estate litigationInternational taxData privacyInternational The metaverse: risks and opportunities for businesses

    Companies across a wide range of sectors are exploring the commercial potential of the metaverse but will need to navigate a complex patchwork of existing and ...

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  • International GamingMediaTechnologyInternational The metaverse - will it change the world and why should I care?

    The metaverse has been described as the future of the internet – a digital world where we will live, work and play and which has attracted enormous investment ...

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  • International AntitrustEURegulated industriesTrade The Digital Markets Act: A new era for the digital sector in the EU

    The Digital Markets Act (DMA) ushers in a new era for the digital sector in the EU, as compliance will require some of the most influential digital companies t...

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  • International Consumer goodsConsumer business servicesGamingMediaTechnologyAntitrustIntellectual property adviceIntellectual property disputes & enforcementM&APublic takeovers & mergersBanking & securities regulationRegulatory investigations & enforcementData privacyUnited StatesEuropean Union (EU)United Kingdom The Metaverse: What are the legal implications?

    As a growing number of tech companies invest heavily in the metaverse – which allows users to live, work and play in alternative virtual worlds – we explore th...

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