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In brief

The proposed law which regulates the use of Artificial Intelligence in Brazil considers a risk-based approach inspired by the EU AI Act and looks at high, medium and low risk obligations and liabilities.


Key takeaways

Flavia Rebello*, a Partner at Trench Rossi Watanabe focusing on Intellectual Property, Technology and Data Protection, shares a recent commission by the senate on a new bill around the use of AI that is further being analyzed in congress and how this can impact companies operating in the Industrials, Manufacturing and Transportation industry. The proposed law considers a risk-based approach inspired by the EU AI Act and looks at high, medium and low risk obligations and liabilities.

The law covers several agents including: accountability, transparency, obligation to carry out algorithm assessments, continuous evaluation of the outcomes of the solution, non-discrimination and the obligation to process data in accordance to the Brazilian Data Protection law. The new bill of law also creates a new supervisory authority and sets forth several penalties.

In more detail

WATCH THE VIDEO ON THE PROPOSED BILL TO LEARN MORE

Baker McKenzie has multidisciplinary teams advising Industrials, Manufacturing & Transportation clients through their entire digital transformation lifecycle. If you would like to discuss opportunities, address any challenges or discuss upcoming regulatory considerations, please reach out to any of our contacts.

*Baker McKenzie and Trench Rossi Watanabe have executed a strategic cooperation agreement to consult on foreign law

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Flavia Rebello joined the Firm in 1999. She is a partner in the Intellectual Property, Technology and Data Protection Team. Her practice includes data protection, licensing, sourcing and transactions, franchising and e-commerce and Internet. She has a wide breadth of experience in drafting, negotiating and reviewing agreements involving intellectual property, including supply of technology, trademark license, patent license, franchise, copyright license, software license and distribution, SaaS outsourcing. She also has expertise in data protection and privacy issues, including implementation projects, review of policies, and data breaches. Legal advice in various aspects of e-commerce, Internet and social media.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Florian Tannen is a partner in the Munich office of Baker McKenzie with more than 10 years of experience. He advises on all areas of contentious and non-contentious information technology law, including internet, computer/software and in particular data privacy law. Before joining the Firm, Florian worked for two major law firms and a large US-based technology company.

Author

Marcio Polto is a Principal at Trench, Rossi e Watanabe Advogados, Sao Paulo office.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.