Artificial Intelligence
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In a context of accelerated deployment of artificial intelligence technologies and a tightening of regulatory frameworks in France, across Europe and internationally, organisations are facing major legal, operational, ethical and strategic challenges.
CMS Francis Lefebvre supports public and private stakeholders throughout the entire lifecycle of artificial intelligence systems, from design to operation, including development and deployment, while securing the associated risks.
Our approach is multidisciplinary, cross-practice and sector-focused, drawing on the full breadth of the firm’s expertise in France and internationally. It is underpinned by the strength of the CMS international organisation, enabling us to deliver a global, coordinated service tailored to the specificities of each market and business sector.
Our areas of expertise
AI governance and regulatory compliance
- Legal qualification of AI systems in light of applicable regulations (AI Act, GDPR, sector-specific frameworks).
- Compliance audits of AI projects and solutions against European and national requirements.
- Design of governance frameworks, internal policies and AI usage charters.
- Support in dealings with regulatory and supervisory authorities.
- Assessment of exposure to AI-related legal risks.
Data, privacy and cybersecurity
- Legal structuring of the data processing activities required for AI systems.
- Framing of personal, sensitive or strategic data flows.
- Management of security, sovereignty and data hosting issues.
- Prevention and management of security incidents linked to AI systems.
- Assistance in the event of data breaches or cyberattacks involving AI tools.
Intellectual property and intangible assets
- Protection of algorithms, models, software and databases.
- Analysis of rights relating to content generated by artificial intelligence.
- Securing and enhancing intangible assets linked to AI projects.
- Management of infringement and third-party rights risks.
- Disputes relating to the use or development of AI solutions.
Technology projects and AI contracts
- Legal structuring of artificial intelligence projects.
- Drafting and negotiation of development, licensing, SaaS and cloud agreements.
- Allocation of liabilities, warranties and service levels relating to AI systems.
- Securing technology partnerships and co-innovation projects.
- Support for AI projects involving multiple stakeholders or service providers.
Banking, finance and digital operational resilience – DORA
- Supporting banks, financial institutions and insurers, as well as their service providers, in the integration of AI solutions.
- Assessment of the impact of AI in light of digital operational resilience (DORA) requirements.
- Bringing AI systems into compliance with ICT risk governance obligations.
- Framing relationships with technology service providers and AI solution vendors (outsourcing and chain of responsibility).
- Assistance during inspections, audits and exchanges with national and European supervisory authorities.
Artificial intelligence and employment law
- Framing the use of AI in HR processes (recruitment, discrimination prevention, performance appraisal and performance management, skills orientation, GDPR compliance as applied to HR data).
- Analysis of AI’s impact on work organisation and risk assessment in terms of health, safety and working conditions (algorithmic scheduling, autonomy, workload and mental health).
- Support with information and consultation obligations vis-à-vis employee representative bodies, and assistance with social dialogue on AI uses (collective bargaining and the integration of AI tools into HR agreements).
- Securing monitoring, surveillance and automated decision-making tools (proportionality, workplace privacy and limits on intrusive tools).
- Deployment of ethical and responsible AI governance (transparency, explainability and the implementation of charters or internal policies).
- Management of employment-related risks and disputes arising from the use of AI (non-compliance with the AI Act, works council obstruction, CNIL sanctions, discrimination, psychosocial risks, infringement of privacy, etc.).
Liability, disputes and risk management
- Prevention of legal, operational and reputational risks relating to AI.
- Implementation of traceability, auditability and explainability frameworks for AI systems.
- Analysis of civil, criminal and administrative liability regimes applicable to AI systems.
- Assistance in the event of disputes, investigations, inspections or sanctions.
Transactions, investments and strategy
- AI audits and due diligence in the context of M&A transactions and investments.
- Valuation of technology assets and data.
- Legal structuring of investments and innovative projects incorporating AI.
- Strategic support for growth and transformation projects driven by AI.
Ethics, CSR and trustworthy AI
- Integration of responsible and ethical AI principles into projects.
- Prevention of bias, discrimination and infringements of fundamental rights.
- Alignment of AI projects with organisations’ CSR and ESG commitments.
- Support in implementing trustworthy AI approaches in France and internationally.
Legal experts for Artificial Intelligence
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Local market knowledge. Global outlook
We provide future-facing legal advice to help your organisation thrive. Combining local market knowledge and a global perspective, and with lawyers in locations worldwide, your organisation benefits from the expertise it needs, even across borders.
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