Regulating Artificial Intelligence (AI) in the European Union (EU): Exploring the Role of Private International Law

M Poesen, ‘Regulating Artificial Intelligence (AI) in the European Union (EU): Exploring the Role of Private International Law’ in X, Recht in beweging – 29ste VRG-Alumnidag 2022 (Gompel&Svacina 2022) 297-314

16 Pages Posted: 10 Nov 2021 Last revised: 15 Mar 2022

Date Written: March 11, 2022

Abstract

AI will require institutions to rethink and reshuffle their legal frameworks. One aspect of the law that will require rethinking is civil liability, since AI raises particular issues concerning the allocation of risk. At the EU level, such a new liability regime for AI-related harm is slowly emerging. A large part of the attention has understandably gone to determining how civil liability could contribute towards ensuring accountability and promoting innovation via AI. By contrast, the question as to which country’s liability law will or, indeed, should govern cross-border AI-related liability cases has received comparatively little consideration. This paper explores the role that private international law – i.e. the field that governs the applicability of private law in transnational cases – could play in regulating artificial intelligence (AI) in the European Union (EU). It will suggest that private international law has the potential to be a valuable piece in the complex puzzle that is the regulation of AI.

Keywords: Artificial Intelligence (AI), European Union (EU), Private international law, Liability

Suggested Citation

Poesen, Michiel, Regulating Artificial Intelligence (AI) in the European Union (EU): Exploring the Role of Private International Law (March 11, 2022). M Poesen, ‘Regulating Artificial Intelligence (AI) in the European Union (EU): Exploring the Role of Private International Law’ in X, Recht in beweging – 29ste VRG-Alumnidag 2022 (Gompel&Svacina 2022) 297-314, Available at SSRN: https://ssrn.com/abstract=3959643 or http://dx.doi.org/10.2139/ssrn.3959643

Michiel Poesen (Contact Author)

KU Leuven - Faculty of Law ( email )

Belgium

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