What Should I Consider for an AI-Supported NDA Review Portal Under the EU AI Act?

Question from Aufgeschmissen, What Should I Consider for an AI-Supported NDA Review Portal Under the EU AI Act?

Answer from AI:

Developing a user portal supported by artificial intelligence (AI) for the automated review of non-disclosure agreements (NDAs) involves several legal considerations, especially in light of the proposed EU AI Act. Here are the key points you need to consider:

Understanding the EU AI Act

The EU AI Act is a proposed regulation by the European Commission aimed at ensuring the safe and ethical use of AI within the European Union. It categorizes AI systems into different risk levels and imposes various obligations based on these categories.

Risk Categories

The EU AI Act classifies AI systems into four risk categories:

• Unacceptable Risk: AI systems that pose a clear threat to safety, livelihoods, and rights of people. These are banned.
• High Risk: AI systems that significantly impact safety or fundamental rights. These require strict compliance measures.
• Limited Risk: AI systems with specific transparency obligations.
• Minimal Risk: AI systems with minimal or no risk, subject to few requirements.

For an AI system used in reviewing NDAs, it is likely to fall under the “High Risk” or “Limited Risk” categories, depending on its specific functionalities and impact.

Compliance Requirements for High-Risk AI Systems

If your AI system is classified as high-risk, you must comply with several requirements:

1. Risk Management System: Implement a risk management system to identify and mitigate risks throughout the AI system’s lifecycle.
2. Data Governance: Ensure high-quality data sets, including data governance and management practices.
3. Technical Documentation: Maintain detailed technical documentation to demonstrate compliance with the EU AI Act.
4. Record Keeping: Keep logs of the AI system’s activities to ensure traceability and accountability.
5. Transparency and Information: Provide clear information to users about the AI system’s capabilities and limitations.
6. Human Oversight: Implement measures to ensure human oversight and control over the AI system.
7. Robustness and Accuracy: Ensure the AI system is robust, accurate, and secure against potential risks.

Data Protection and Privacy

In addition to the EU AI Act, you must also comply with the General Data Protection Regulation (GDPR) when handling personal data. Key considerations include:

• Data Minimization: Collect only the data necessary for the AI system’s purpose.
• Consent: Obtain explicit consent from users for data processing.
• Data Security: Implement strong security measures to protect personal data.
• Data Subject Rights: Ensure users can exercise their rights, such as access, rectification, and deletion of their data.

Legal Advice and Consultation

Given the complexity of the EU AI Act and GDPR, it is crucial to consult with a legal professional to ensure full compliance. Legal advice can help you:

• Determine the risk category of your AI system.
• Implement necessary compliance measures.
• Address any specific legal issues related to your AI system.

Resources and Further Reading

For more detailed information, you can refer to the following resources:

• EU AI Act Proposal
• General Data Protection Regulation (GDPR)

Remember, while this guide provides a general overview, personalized legal advice is essential for ensuring compliance with all relevant laws and regulations.