Prospective Policy Study on Artificial Intelligence and EU Trade Policy
46 Pages Posted: 10 Jun 2020
Date Written: January 21, 2020
Artificial intelligence holds enormous promise for our information civilization if we get the governance of artificial intelligence right. For the EU – and the Netherlands in particular – ensuring responsible artificial intelligence is a top priority. With the exception of privacy and personal data protection, the tenets of responsible artificial intelligence are not (yet) codified in EU law. The EU is now drafting new rules to provide for ethical and human-centric artificial intelligence. What makes artificial intelligence even more fascinating is that the technology can be deployed fairly location-independent. Data and machine learning code can be moved across today’s digital ecosystem and the predictive outcomes of an artificial intelligence system can be applied at a distance. The fluidity of artificial intelligence inevitably holds repercussions for the societies it interacts with which can affects individuals’ fundamental rights and societal values.
Cross-border trade in digital services which incorporate applied artificial intelligence into their software architecture is ever increasing. That brings artificial intelligence within the purview of international trade law, such as the General Agreement on Trade in Services (GATS) and ongoing negotiations at the World Trade Organization (WTO) on trade related aspects of electronic commerce. The Dutch Ministry of Foreign Affairs commissioned this study to generate knowledge about the interface between international trade law and European norms and values in the use of artificial intelligence. The study embarked on research of artificial intelligence with a comprehensive look at areas where EU external trade and EU governance of artificial intelligence intersect.
Keywords: Artificial intelligence, machine learning, transnational artificial intelligence systems, European law, international public law, WTO law, GATS, digital trade, data flows
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