ABSTRACT
Standards play a vital role in supporting policies and legislation of the European Union. The regulation of artificial intelligence (AI) makes no exception as made clear by the AI Act proposal. Particularly, Articles 40 and 41 defer to harmonised standards and common specifications the concrete definition of safety and trustworthiness requirements, including risk management, data quality, transparency, human oversight, accuracy, robustness, and cybersecurity. Besides, other types of standards and professional norms are also relevant to the governance of AI. These include European non-harmonised standards, international and national standards, professional codes and guidelines, and uncodified best practices. This contribution casts light on the relationship between standards and private law in the context of liability litigation for damage caused by AI systems. Despite literature’s commitment to the issue of liability for AI, the role of standardisation in this regard has been largely overlooked hitherto. Furthermore, while much research has been undertaken on the regulation of AI, comparatively little has dealt with its standardisation. This paper aims to fill this gap …
Cristina Frattone, Reasonable AI and Other Creatures – What Role For AI Standards In Liability Litigation?, (2022) 1 Journal of Law, Market & Innovation (3) 15.
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