Protect

What's involved?

The opportunities of AI inevitably come with additional risks which must be managed:

• The use of emerging technologies such as AI increases the risks of projects overrunning schedule or budget, or failing altogether. AI-centric software projects introduce unique workflows and risks, often requiring a different approach to contracting and contract management than in traditional software projects.
• There are significant areas of uncertainty, such as enforcement or protection, around the relationship between AI and IP rights. Whist this can give rise to risk of litigation or breach of contract, the risks of unexpected AI-generated outcomes are heightened whenever personal data is involved. Data breaches can result in significant costs, fines, and even criminal sanctions in severe cases.

How TLT can help

• Delivery risk: supporting clients to proactively manage suppliers, protect investments, and enforce their contractual rights to reduce risks and support project delivery. We can help you to protect your investments in AI-technologies throughout project delivery.
• Intellectual property risk: advising you on how to navigate these emerging issues, to find effective ways to protect and leverage your confidential and/or intellectual property assets.
• Data breach risk: working side by side with your IT security team or provider to coordinate the delivery of a robust cybersecurity programme, support data investigations, and lead cyber or data protection litigation matters including claims by third parties and data subjects.

• Advising a regulatory body on intellectual property implications of its members using AI (in particular generative AI) in connection with documentation and guidance provided by the regulatory body. We advised the client on whether such use was permitted within existing terms and conditions, the risks of allowing such use to take place, and steps the client could take to mitigate those risks.
• Advising a challenger bank on data protection issues relating to the deployment of a generative AI chatbot within its app, including identifying the appropriate lawful basis for processing, and advising on risks associated with inadvertently collecting special category data and the best processing condition for the client to rely on.