Brækhus’ expertise in artificial intelligence

Brækhus assists Norwegian and international companies throughout the entire AI lifecycle, from strategy and procurement to implementation and dispute resolution. Our lawyers combine technological insight with specialist legal expertise and collaborate across practice areas. Several of our lawyers have extensive experience from global technology companies, lecture at universities and regularly publish articles on AI and law.

The AI Act: what does the regulation mean for your business?

The AI Act requires all businesses that develop, offer or use AI systems in Europe to classify their systems according to risk, and sets out requirements for transparency, documentation and human oversight. Breaches of the rules are subject to fines of up to 7% of global annual turnover.

We assist businesses in mapping and classifying AI systems, conducting gap analyses, preparing the necessary documentation and keeping abreast of ongoing regulatory developments.

The EU Regulation on Artificial Intelligence (AI Act) is the world’s first comprehensive regulatory framework for AI.

Privacy and data security when using AI tools and LLMs

When businesses adopt AI tools and large language models (LLMs), critical questions arise regarding what data is processed and by whom. This applies to both personal data and commercially sensitive information such as trade secrets, client data and strategy documents. Data entered into AI systems may be stored or shared in ways the business has no visibility over, which can give rise to serious legal and reputational consequences.

We assist with risk assessment, drafting agreements on access, ownership and usage rights in connection with the use of AI, as well as developing guidelines for employees’ use of AI.

Copyright and IP in AI-generated content and training data

AI also raises questions about who owns and may use text, images, code, data and other content — including where such material is used to train AI models, or where AI tools generate new content that a business wishes to use commercially. We help clients understand which rights may be affected, how the use of third-party material should be handled, and how agreements, licences and internal procedures can mitigate risk.

We also advise on matters where AI and IP intersect, such as the use of training data, rights in AI-generated content, protection of proprietary data and handling claims of IP infringement.

Responsible AI governance: governance, internal control and policies

The responsible use of AI requires clear governance and robust internal control mechanisms. Many businesses have adopted AI tools without these being embedded in the company’s governance and risk management framework. This can expose the business to both legal and reputational risk. We assist businesses in developing AI policies and governance structures, clarifying the duty of care borne by boards and management, and establishing ethical guidelines and transparency requirements vis-à-vis clients and partners.

An extremely high level of expertise, insight and experience that we as clients can capitalise on. Not least very quick responses to inquiries

Client Testimonial, The Legal 500

Read more about our expertise

• Technology, innovation and digitalisation
• Privacy and Cyber Security
• Intellectual Property Rights and Marketing Law
• Commercial Contracts

Contact

For legal assistance or questions about artificial intelligence, please get in touch with our lawyers.