For those interested in the legal aspects of artificial intelligence and wanting to know exactly what awaits the Polish technology market in the near future.
Huge opportunities and pressing challenges
When it comes to AI, Big Data and machine learning, Poland is boldly following global leaders. Significant progress is being made on the business side, with strong local trends and a focus on integration with industry and the service sector, which is not being outdone by the ambitious public administration moving an increasing number of activities to digital and using artificial intelligence to support it.
There is growing interest in the automation of manufacturing processes and the wider use of machine learning in banking and medicine.
Polish start-ups are also developing innovations in data analytics and machine learning.
At the same time, legal challenges are increasing in a wide variety of areas, such as:
- Data and privacy protection and algorithmic transparency (related to the collection, storage and processing of large amounts of data, but also profiling, personalisation and automation of processes requiring human oversight)
- Data management and quality control
- Ethics, including in the area of automated decision-making
- Intellectual property
- Cybersecurity in the context of increasingly advanced AI and robotics solutions
- Transfer of responsibility and broader relationships with external AI solution providers
Who has the right to AI creations
In Poland, the issue of intellectual property in the context of artificial intelligence is becoming increasingly important.
Indeed, legislators and professionals are grappling with the challenges of copyright protection of works created by intelligent systems and the patenting of innovations based on such works. In the absence of clear regulations, questions are arising about the responsibilities and rights of authors, requiring urgent legislative action and the development of a new legal framework.
The issue of antitrust and competition law is also becoming increasingly important.
As the changes are highly dynamic and the technological solutions relatively fresh, the Polish regulator is currently not only monitoring the changes but also carrying out analyses, especially in the area of data collection and algorithms. However, the relative freedom that still exists offers opportunities for smaller players and innovative start-ups.
Businesses embrace artificial intelligence
The increasing integration of artificial intelligence into business is also bringing new challenges. Ensuring the right strategy, monitoring all ethical aspects of the machines’ operation and mitigating data security risks are becoming key boardroom tasks.
As a result, there is a growing need for experts in management structures who can ensure effective adaptation to the technology and its use in a way that is in the best interests of the business.
What are the most common challenges faced by companies using AI?
These include:
- Privacy and data protection
- Technology bias and fairness
- System transparency and accountability
- Digital resilience and cybersecurity
- Compliance of implemented solutions with current legislation
- Copyright, patent and intellectual property issues
How to adapt Polish law to machines
The government is currently stepping up its efforts to regulate and support artificial intelligence. There are plans to set up a special fund and appoint a competent regulator to promote the development of AI. Adapting the Polish legal system to new European regulations will also be a major challenge.
The dynamic development of artificial intelligence also poses new challenges for the judiciary, which has to deal with issues such as increasing cybercrime.
Indeed, the use of AI for crimes such as hacking attacks or manipulation of information systems is on the rise. In this respect, determining liability and enforcing consequences against the actual perpetrator becomes a key issue.
Although there are currently no criminal laws on AI, this does not mean that the law is helpless.
If AI causes accidental damage, the manufacturer or operator may be held liable. If a machine intentionally commits a crime, liability may be attributed to those who programmed, implemented or supervised the AI. However, determining intent in AI systems can be problematic if the AI operates autonomously based on its own decision-making processes, or if responsibility is dispersed among a dozen programmers.
The presence of artificial intelligence in the workplace is becoming increasingly common.
In fact, companies are increasingly using AI to automate routine tasks, optimise processes and analyse data. The introduction of AI-based solutions is changing the nature of work and posing new challenges for both employees and managers.
At the same time, there are concerns about the impact on the labour market and the need to balance the benefits for businesses with the needs of employees. Among the anticipated effects of the wider use of AI, the most significant will be increased annual productivity growth and improved decision-making. The impact of machines will be particularly evident in industry and services, although it is also expected to become more important in areas such as agriculture.
Global Legal Insights – AI, Machine Learning & Big Data
Undeniably, we live in a time of rapid development of artificial intelligence. Our everyday lives are being accompanied by ever newer and more innovative solutions, and AI has become an integral and, it seems, permanent part of everyone’s life.
Machines have also changed the business world, offering new solutions and ever-evolving optimisations. And they are profoundly changing the law.
That’s why our NewTech and FinTech practice team, together with experts from around the world, have co-authored material for the latest edition of Global Legal Insights – AI, Machine Learning & Big Data, providing a Polish legal and business perspective on topics such as:
- Local trends and key directions in AI development
- Ways for businesses to maximise the use of data for machine learning and other applications
- The intellectual property aspect of work created with AI tools
- Antitrust concerns relating to Big Data
- Ways to manage the risks and potential liabilities associated with AI-based technologies
And much more.
The Global Legal Insights report is a comprehensive study covering 23 jurisdictions across the technological world, from Australia, India and China, Japan, Singapore, Western Europe, South Africa, Taiwan, the United Arab Emirates, the UK and US.
If you want to find out more about what’s in store for artificial intelligence in Poland in 2024, contact us
