Artificial intelligence and machine learning technology is driving important new business opportunities across a growing number of industry sectors, including consumer goods and retail (CG&R). Many CG&R companies are looking into how AI can enhance their business processes and customer interactions and with generative AI and the arrival of ChatGPT, the scope for application is staggering.
Explore Key Tenets of Responsible AI Use
Where can AI be used?
The landscape of AI legislation
Risk of pricing algorithms
CG&R companies who used automated pricing should be prepared to handle concerns over whether such algorithms may lead to an anticompetitive environment, as or potential bias due to flawed datasets.
CG&R companies must be wary of relying purely on algorithms to set prices. This may lead to price-surging during times of high demand, but can also lead to a loss of trust and goodwill among consumers if it results in pricing some out of the market entirely.
Managing data and protection against cyber attacks Ensuring transparency and explainability AI governance regime considerations
CG&R companies should pay attention to data used to train their AI systems to avoid creating new entry points for hackers to attack, as well as ensuring that any sensitive personal data contained within datasets is subject to additional levels of protection.
Required security of training AI data is twofold — companies must be able to ensure not only that the data cannot be stolen or accessed by unauthorized parties, but also that it cannot be added to by unauthorized parties to ensure the continued integrity of the AI’s decision-making.
Ensuring transparency and explainability
Transparency and explainability are key elements for ensuring that consumers trust an AI system’s insights, understand when they are engaging with an AI, and can challenge the outcomes and decisions of the AI system. This can help brands decrease the risk of error and misuse of AI.
CG&R companies making use of AI that interacts with consumers should disclose when AI is being used and be prepared to explain any automated and algorithmic decisions and any associated data driving those decisions.
AI governance regime considerations
This rapidly evolving area has a great deal of international legislative development in progress. Companies should ensure internal policies and guidelines comply with the latest regulations and guidelines.
Explore more key areas around the responsible use of AI
AI predictive tools leading to racial profiling or other bias
Increasing inclusion in the AI ecosystem
Futureproofing for generative AI
E-commerce recommendation systems
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Interested in a bespoke conversation on how the shifting landscape of AI legislation and guidance affects your business? Reach out to any of the contacts listed below to discuss further.
Sue is a partner in Baker McKenzie's IP, Data and Technology team based in London.
Sue specialises in major technology deals including cloud, outsourcing, digital transformation and development and licensing. She also advises on a range of legal and regulatory issues relating to the development and roll-out of new technologies including AI, blockchain/DLT, metaverse and crypto-assets.
Her IP and commercial experience includes drafting, advising on and negotiating a wide range of intellectual property and commercial agreements including IP licences and assignment agreements, long-term supply and distribution agreements. She also assists clients in preparing terms of business and related documentation for new business processes and offerings and coordinating global roll-outs.
Sue is also a key member of our transactional practice, providing strategic support on the commercial, technology and intellectual property aspects of M&A transactions and joint ventures, including advising on transitional services agreements and other key ancillary IP and commercial agreements.
Sue is ranked as a leading lawyer in Chambers for Information Technology & Outsourcing and Fintech Legal and in Legal500 for Commercial Contracts, IT & Telecoms, TMT and Fintech. Clients say of Sue "Sue is outstanding", "She is a really good and very committed lawyer", "Excellent…. Very capable, wouldn’t hesitate to use on IT/TMT/Outsourcing matters."
Sue was named in the Standout 35 of the Women in FinTech Powerlist 2020.
Ashlin Perumall is a partner in Baker McKenzie's corporate/M&A and IPTech practice groups in Johannesburg.
Ashlin specialises in technology-focused matters, including M&A and venture capital transactions, and the commercial aspects of intellectual property (IP). His practice extends to advising on emerging technology business models and establishing legal, compliance or diligence assessment frameworks for novel targets in various industries, where a high degree of technical expertise is required. These include acting as key advisor to clients entering the fintech (including paytech, open banking, digital banking and financial APIs), blockchain and distributed ledger tech, AI/Machine Learning as a Service (MLaaS) in the auditing industry and digital asset sector. He has over a decade of experience is assessing emerging technology and novel IP acquisition targets.
Ashlin has also worked in the Firm's London office and served as a Fellow to the World Economic Forum's Centre for the Fourth Industrial Revolution (4IR) in San Francisco as part of our partnership with the forum to address global, regional and industry policy issues in respect of 4IR technologies, conducting regulatory and policy research, and paper writing as part of the Digital Currency Governance Consortium (DCGC).
Roberto Grané is a transactional and regulatory partner in Baker McKenzie’s Buenos Aires office. He has been recognized as a leading practitioner by Chambers Latin America. Clients benefit from his more than 20 years of extensive domestic and international experience. Prior to joining Baker McKenzie, Roberto served as in-house counsel to one of the major telecommunications companies in Argentina, and a law clerk with the Civil Courts of Buenos Aires. He is a professor of contract law at the Buenos Aires University and a visiting professor in several local universities.
Cynthia Cole is an Intellectual Property Partner in Baker McKenzie's Palo Alto office, as well as a former CEO and General Counsel. Before joining the Firm, Cynthia was Deputy Department Chair of the Corporate Section in the California offices of Baker Botts where she built the technology transactions and data privacy practice. An intellectual property transactions attorney, Cynthia also has expertise in digital transformation, data privacy, and cybersecurity strategy.
She advises clients across a wide range of industries including Technology, Media & Telecoms, Energy, Mining & Infrastructure, Healthcare & Life Sciences, and Industrials, Manufacturing & Transportation. Cynthia has deep experience in complex cross-border, IP, data-driven and digital transactions, creating bespoke agreements in novel technology fields. She acts as outside general counsel to a number of executive teams and boards of directors.
Adam Aft helps global companies navigate the complex issues regarding intellectual property, data, and technology in M&A and technology transactions. He is the lead of the Firm's North America Technology Transactions group and co-leads the group globally. Adam also served as a law clerk to the Honorable Leslie H. Southwick of the US Court of Appeals for the Fifth Circuit and the Honorable Theresa L. Springmann of the US District Court for the Northern District of Indiana.
Julia is Of Counsel in the Intellectual Property department of Baker McKenzie London. She joined Baker McKenzie as a trainee in 2003. She qualified into the IP Group in March 2005, after completing a secondment in the IP Group at Baker McKenzie’s Sydney office.
Eva-Maria Strobel is a partner in Baker McKenzie's Zurich office. She is a member in the Firm's global IPTech Practice Group, chairs the EMEA IPTech Practice Group and heads the Swiss IPTech team. Eva-Maria is admitted to the bars in Switzerland and Germany, and worked in the Firm's Frankfurt office prior to relocating to Zurich. Legal 500, Chambers, WIPR, Managing IP and WTR 1000 praise Eva-Maria as one of the leading trademark lawyers in Switzerland.
