Antonio Tejeda Encinas. President of the Euro-American Committee of Digital Law - CEA Digital Law
The legal implications of generative artificial intelligence (AI) are at the heart of today’s legal debate.
As a lawyer, I find myself reflecting on the pressing need for specific regulation to address the challenges that this emerging technology poses for tort law.
At the recent International Congress on Liability and Insurance, which drew notable international participation, a fundamental question was raised: who will be liable for damage caused by AI in the absence of clear regulation?
In my view, it is crucial to consider hypothetical cases such as the use of AI systems to draft legal documents or even to make medical diagnoses. How will we determine liability where negligence or defects in the use of these tools cause harm to third parties?
Although the current legal framework contains some provisions on civil liability in the context of high-risk AI, it still lacks the depth needed to address the challenges posed by generative AI.
As a legal community, we must get ahead of these developments and work on rules that strike a balance between technological innovation and the protection of individual rights.
Case law in this area is clearly evolving all the time, as recent rulings by higher courts on liability for defective products show. Even so, there is still a long way to go in adapting the legal framework to technological progress.
The debate over whether AI tools should have legal personality and be capable of being sued for the damage they cause raises complex ethical and legal dilemmas. How will we establish effective mechanisms to control and supervise these technologies without hindering their development?
In my opinion, specific liability insurance for situations involving AI is emerging as a necessary and timely measure. Defining the precise terms and scope of such insurance, however, will require a collaborative effort between legislators, technology experts and legal professionals.
In short, the arrival of generative AI poses unprecedented challenges for tort law. As a lawyer, I believe it is our responsibility to anticipate these changes and to work towards a robust legal framework that protects the interests of all parties involved in an increasingly digitalised and automated environment.
النشرة
فعاليات وأخبار وتحليلات في القانون الرقمي تصلك على بريدك، ولا نراسلك إلا حين يكون لدينا جديد.
