In an ICT Journal article, Zurich-based attorney David Rosenthal offers a detailed set of recommendations for structuring agreements that secure legal interests in the face of current regulatory uncertainties.
This article aims to take up and explore the essential strategies for incorporating robust protections into contracts with AI suppliers, thereby ensuring compliance and intellectual protection.
Data protection and confidentiality
Securing personal data and secret information is a priority for companies adopting artificial intelligence technologies.
A Data Processing Agreement (DPA), in line with Swiss legislation, is essential to govern the management and use of the data collected.
These agreements must impose strict confidentiality obligations, protecting both the company’s trade secrets and those entrusted to it by third parties.
Adopting such measures enables companies to limit legal risks and ensure ethical and secure use of AI technologies.
Discover David Rosenthal’s checklist.
Managing intellectual property rights
Effective management of intellectual property rights is vital for companies operating artificial intelligence services.
It is essential to ensure that the proprietary content used by these technologies is not exploited without explicit consent.
Contracts must therefore clearly stipulate that AI-generated results, such as texts, images or videos, remain under the control of the company and cannot be used by the supplier for any other purpose.
This approach protects the company’s innovations and investments, while avoiding potential conflicts linked to the unauthorized use of intellectual creations.
Preparing for future compliance
Anticipating regulatory changes is essential for companies integrating artificial intelligence into their operations.
Even if the specific provisions of future European AI legislation are not yet in force, it’s a good idea to incorporate clauses into contracts that require suppliers to comply with upcoming standards.
By anticipating these requirements, companies can avoid costly and complex adjustments in the future.
Adapting current contracts to include these future obligations helps secure a smooth transition to new regulations, while preserving the integrity and compliance of AI operations.
Conclusion: ensuring security and compliance in a digital world
This article provides a clear framework for Swiss companies wishing to navigate the artificial intelligence contracting landscape with confidence.
By implementing data protection measures, effectively managing intellectual property rights and preparing agreements for future regulatory compliance, companies can secure their operations and strengthen their market position.
Adopting the right legal practices not only ensures security, but also the longevity of innovations in an ever-changing digital environment.
