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Navigating the Future of AI Law: Understanding the EU AI Act and AIDA

On Thursday, June 20, 2024, McCarthy Tétrault LLP hosted a webinar titled “Navigating the Future of AI Law: Understanding the EU AI Act and AIDA.” The event was attended virtually by over 900 participants, including many of our clients. The discussion was centered around the implications of emerging AI laws and regulations focusing especially on the EU AI.

Speakers and Their Presentations

Below is a summary of the speakers and their presentations.

John Buyers & Charles Morgan: EU AI Act: Implications for Canadian Businesses John Buyers, Partner at Osborne Clarke, and Charles Morgan, Partner at McCarthy Tétrault LLP, delved into the EU AI Act, highlighting its comprehensive regulation of AI across the EU. They discussed the Act’s risk-based approach and its extraterritorial application, outlining the obligations it imposes on AI developers, users, and the entire AI value chain. This featured segment of the event was moderated by Charles Morgan (co-head of the firm’s cyber-data group along with Dan Glover) with U.K. lawyer John Buyers providing an excellent summary and analysis of the EU AIA.

David Crane: Comparative Overview: EU contrasted with Canada, UK, and US David Crane, Partner at McCarthy Tétrault LLP, presented a comparative analysis of AI regulations across different jurisdictions. He focused on the regulatory approaches of Canada, the EU, the UK, and the US, shedding light on their unique frameworks and the potential impact on international AI deployment. His slides, which can be accessed below, provide an excellent comparison of the EU AIA, AIDA and U.S. regulatory approaches.

Alexandra Cocks: Cautionary Tale: Professionals Using AI Alexandra Cocks, Partner at McCarthy Tétrault LLP, provided a cautionary tale about the use of AI by professionals. She referenced the case of Zhang v. Chen, highlighting the risks of relying on AI-generated content without proper verification, and underscored the importance of maintaining professional integrity and competence.

Daniel G.C. Glover: Privacy and AI Daniel G.C. Glover, Partner at McCarthy Tétrault LLP, explored the intersection of AI and privacy regulations while leveraging AI technologies. He explained why fitting AI into privacy compliance is like fitting a square peg into a round hole. This is depicted in his slides with the graphic shown below.

AI and privacy

Karine Joizil: Quebec Civil Law Litigation Karine Joizil, Partner at McCarthy Tétrault LLP, examined the implications of AI within the context of Quebec civil law. She discussed how AI-related injuries could be addressed under existing legal frameworks and the evolving landscape of AI litigation in Quebec.

Barry Sookman: AI in Commercial Transactions Barry Sookman, Senior Counsel at McCarthy Tétrault LLP delivered an insightful presentation on the implications of AI in commercial transactions. His talk focused on the intricate landscape of regulatory compliance, norms, standards, and evolving best practices and how these were informing and impacting contracting practices across a spectrum of transaction types. He also addressed specific legal considerations in AI contracting, such as the allocation of responsibilities and risks of liability, limits of liability, disclaimers, and indemnities.

How to access the presentations

For those who could not attend, the slides used for the talk can be accessed at this link. A video recording of the webinar will be posted next week. Stay tuned for further updates.

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