Artificial Intelligence (AI)

Artificial intelligence is radically changing how businesses operate, compete and create value. At the same time, the technology raises new legal questions that require insight into both the law and the technology. SANDS has a multidisciplinary AI team with expertise in intellectual property and IP disputes, privacy and information security, commercial agreements, EU and EEA law, and public procurement. We assist our clients in adopting AI in a safe, lawful and commercially sound manner.

AI in our own advisory work

We actively use AI tools in our own day-to-day work, including for document review, analysis, drafting and quality assurance. This makes us faster and more precise, freeing up time for what matters most to the client: thorough assessments and sound judgement. Our use of AI takes place within clear frameworks for confidentiality, information security and professional oversight. Our own experience with AI gives us a practical understanding of how the technology works – and where the pitfalls lie.

Advice on AI implementation

We assist both businesses that develop or supply AI systems and businesses that use AI in their own operations or in their own products and services.

For AI developers, we provide advise on regulatory requirements, including the EU’s AI Act and its forthcoming implementation in Norway, risk classification, labelling requirements, customer agreements, privacy by design, licensing models and limitation of liability.

For AI users, we assist with risk assessments, internal guidelines, procurement processes, supplier agreements and the allocation of liability in the event of an incident. We also assist public contracting authorities and suppliers in procurements where AI solutions are part of the delivery.

AI within existing legislation

The AI Act is only one part of the picture. The use of AI must also be assessed against existing legislation. In the area of data protection, we assist with legal bases for processing, data minimisation, data protection impact assessments and the rules on automated decision-making under Article 22 of the GDPR.

We provide advise on employee monitoring measures, algorithmic management and the obligation to consult with employee representatives. Within intellectual property and contracts, we assist with issues regarding ownership of and rights in AI-generated content, the use of training data, allocation of liability and supplier agreements – and we litigate before the courts when disputes arise.

Our services include

AI strategy and governance: Advice on the responsible adoption of AI, internal guidelines for employee use, and the establishment of frameworks for risk management and internal control
Regulatory compliance: Mapping and risk classification of AI systems, GAP analysis and assistance in meeting requirements under the AI Act and related EU legislation
Privacy and information security: Assessment of legal bases for processing when using AI, data protection impact assessments (DPIAs), automated decision-making and security measures when using AI, including the use of external AI solutions. This also includes analysis of the use of AI within various sectors, such as health, energy and finance.
Contracts: Drafting, review and negotiating supplier, customer, collaboration and licence agreements, including provisions governing data use in AI solutions, rights, liabilities and service levels
Procurement: Advice on processes and contracts in all phases of the procurement of AI solutions, for both contracting authorities and suppliers, as well as general IT procurements where AI forms part of the delivery
Intellectual Property Rights: Protection and enforcement of rights in AI models, training data and AI-generated content, as well as assessment of the risk of infringement of third-party rights and compliance with confidentiality obligations
Employment law: Advice on employee monitoring measures, algorithmic management and consultations with employee representatives when introducing AI in the workplace
Dispute resolution: Assistance in negotiations, disputes and litigation related to AI, including IP disputes, contractual disputes and proceedings before supervisory authorities
Training: Courses for boards, management and employees to strengthen the AI competence and the awareness of legal requirements

Our goal is to be a forward-thinking and practical sparring partner who understands both the technology and your business, enabling you to harness the opportunities offered by AI while keeping the associated risks under control risks under control.