Companies are at serious risk of facing multiple fines for the same offense under different sets of legislation if the artificial intelligence (AI) technologies they employ misuse personal data or cause harm to consumers, according to legal experts.
When the European Union put forward both the General Data Protection Regulation (GDPR) and the first network and information systems directive in 2016, there was fear businesses could be placed in “double jeopardy,” or penalized twice for the same incident if they breached both sets of rules.
Regulators downplayed the possibility, but legal experts believe such an event is now more likely as the GDPR has the potential to overlap with a growing number of other laws. Within the European Union, the Digital Services Act, Data Act, and AI Act each cover similar territory to the GDPR and could be utilized in different ways by different countries.
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The Federal Trade Commission is keeping close watch on companies that use the term “artificial intelligence” when marketing their products.
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