In this episode, Camille Beckmann speaks to Anneke Pol and Vik Khurana (along with a special guest AI chatbot!) on how to structure contracts to comply with the new EU AI Act.
Much of the focus so far has rightly been on compliance with the AI Act, as companies work out whether, and how, it applies to them and what they will need to do to get their AI systems to market. We are now moving to how this will impact AI deals, setting-out emerging best practice for contracting for AI systems and uses that are regulated by the Act. We spend the episode unpacking the duties under the Act and how they will play-out in contract drafting and negotiation between customers and suppliers.
In particular the trio discuss:
- how to frame the roles and relationships by reference to the Act;
- how to contractualise the uses (and misuses) of AI systems; and
- the dependences each party will have on the other for its own AI compliance.
The episode also features a “guest appearance” from an AI chatbot “discussing” the extra-territorial impact of the Act on contracts!