In this episode, Tom Maasland, a partner in MinterEllisonRuddWatts’ Technology team, talks to two solicitors from his team, Thomas Anderson and Luke Han, about new and upcoming EU legislation around AI and digital services, and the potential impacts that it might have on New Zealand businesses.
[00:30] Tom begins by outlining the four key pieces of EU legislation, noting in particular the long extra-territorial reach that they may have over New Zealand tech businesses.
[02:20] Thomas discusses the nature of the EU’s Digital Services Act 2022 (DSA) and considers which New Zealand businesses may be caught under it and the potential implications are of breaching it.
[05:32] Tom and Thomas then briefly touch on the Digital Markets Act 2022 (DMA) and how it differs from the DSA, noting its main aim of promoting fair and open markets within the digital sector by regulating key “gatekeepers” within the industry.
[07:50] Tom and Luke then discuss the status of some of the EU’s AI regulations, canvasing both the EU AI Act and the complimentary AI Liability Directive. They consider the potential extraterritorial reach of the EU AI Act, how it categorises AI products by degrees of risk and the significant fines and penalties that may be imposed if there is a breach.
[10:26] They lastly talk about the proposed AI Liability Directive and how it will make it easier for consumers to bring claims for harm caused by AI products and services.
Information in this episode is accurate as at the date of recording, 8 April 2024.
Please contact Tom Maasland or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.
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