Artificial intelligence

Generative AI legal governance

Published on 25th Oct 2023

Generative AI appears to be on everyone’s lips recently. We hear about it as a curiosity in the technology sector that’s fast making an important contribution to our business processes. With the capacity to generate sharp insights and respond to personalised needs,  generative AI is emerging as a technology with vast transformative potential that enables us to save time and focus on more important business aspects.

How can we distinguish what ‘generative AI models’ mean? We tend to call a AI solution ‘generative’ if it is capable of generating new, realistic content from the training data. Actually, our creativity is the limit – generative models can create texts fitted for a certain purpose, images, audio, or even source code. Generative AI algorithms are built on top of foundation models that are trained on enormous amounts of data. Those model, rather than – for example – simply classify photos of cats, can create an actual image or text description of a cat on demand.

Generative AI solutions are usually available to customers in a service model. They can be used in organisation either in a general way via accessing the available websites or applications or can be implemented as a personalised tool. Thanks to the personalised deployment the company’s internal data usually may not be available to everyone. However, even if we manage to close our AI training cycle within our organisation – the regulatory issues related to cloud computing may arise.

When considering the use of AI tools in the organisation, it is essential to determine whether it will be used for internal purposes only or whether you will also apply it to relations with your customers (that is when so-called ‘gen-AI’ creates the outputs that directly or indirectly affect the customers, in particular, are part of the products provided to them). If you anticipate potential interaction with customers you have to be aware of the regulatory requirements you should ensure compliance with. This will be the case, for example, if you are operating in the financial sector, medical sector or targeting consumers. For sure you will face also challenges related to intellectual property. The EU AI Act regulation, which we can expect to come into force soon, will undoubtedly increase the scope of these obligations.


For more on the issue, see the article by Piotr Kaniewski and Paulina Perkowska on the British Polish Chamber of Commerce (BPCC) website >


* This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.

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