AI in business: promoting innovation, minimising risks 

Data protection and AI: secure handling of sensitive data

Companies face complex data protection challenges. The focus is on protecting personal data without limiting or even preventing the use of AI. To achieve this, the following measures, among others, help, and we support companies in implementing them.

• Creating a reliable framework for compliance with data protection requirements when using AI.
• Measures as part of a risk-based approach, e.g. data protection impact assessments, risk registers.
• Data protection compliant use of training data.
• Safeguarding the rights of data subjects.
• Awareness among employees.
• Preparation for security incidents and their handling.

Contact: Dr. Andrea Kirsch

Successfully managing data law and AI with GÖRG

To meet the challenges of using artificial intelligence in connection with personal and other business-critical data, we actively support companies with our extensive experience and best practice approaches as follows:

• We help to ensure a fundamental understanding of and compliance with the legal framework for the use of AI.
• We support you in complying with all legal data protection requirements.
• Together, we identify potential risks and develop customised strategies to minimise them.
• We draft and review contracts that govern the handling of data and AI technologies to ensure the company’s interests are well protected.
• We offer training for employees to raise awareness of data protection and data security.

Contact: Dr. Andrea Kirsch

The use of AI offers enormous opportunities for tech companies and their investors, but it also brings new challenges.

GÖRG can help you to use the potential of AI as a business model and minimise risks.

To fully realize the potential of AI, not only accurate risk analysis but also a well-thought-out structuring of deals and a suitable design of contracts is needed - for start-ups, established tech companies and investors.

We have the necessary expertise and provide tailored solutions:

• Due diligence & risk assessment: review and evaluation of, among other things, AI technology and products, protection of IP and any regulatory, data protection and other AI-specific risks.
• Venture capital & beyond: structuring and execution of financing rounds and other financing transactions ‘beyond VC’.
• M&A and joint ventures: strategic consulting, structuring and execution of company acquisitions and co-operations, incl. merger control and foreign trade law issues.
• Employee retention & incentives: employee participation programmes, confidentiality and non-competition agreements to retain key employees.

Contact: Sebastian Frech

The rapid development of artificial intelligence confronts companies with a variety of challenges. New application scenarios for AI systems are emerging at a high speed, existing processes are being automated, and innovative products and business models are opening up new possibilities. However, this dynamic requires early and focused management of risks and to align the use of AI with the company’s goals. In this context, AI governance provides the framework for the responsible and efficient use of such pioneering technology.

Responsible use of AI with GÖRG: how to achieve effective governance

We support companies in setting up a modern AI governance:

• Advice on the roll-out of projects to implement the AI Act.
• Integration of AI governance into existing processes and procedures, for example with regard to data protection and outsourcing management.
• Introduction of AI guidelines and development of training guidelines.
• Support in developing an AI risk register and the corresponding risk assessment.
• Consideration of labour law issues when using AI, e.g. the information, participation and co-determination rights of the works council.

Further information can be found on our AI Governance website.

Contact: Dr. Andrea Kirsch, Dr. Michael Heise

The use of artificial intelligence is becoming increasingly important in healthcare. To ensure that AI systems can provide safe support in healthcare, they must be continuously developed and trained with data.

AI systems are used, among other things, in the field of digital health applications and digital care applications. In addition to the already applicable requirements of the Medical Device Regulation (MDR) and the Medical Device Law Implementation Act (MPDG), companies must now ensure that they also comply with the requirements of the AI Act.

With GÖRG, you can meet the challenges of using artificial intelligence in the healthcare sector:

• Access to the new European Health Data Space (EHDS) for companies.
• Access to health data under the Health Data Use Act (GNDG).
• Compliance with the legal framework for the data protection-compliant use of health data for research purposes.
• Cooperation with health insurance companies in the development of digital innovations and the promotion of care innovations, for example through cooperation and contracts.
• Classification of medical devices as high-risk AI systems and the associated obligations for providers and operators.
• Conducting conformity assessment procedures.
• Risk assessment for the use of AI-supported medical devices and liability issues.
• Development of risk management systems.
• Safe and legally compliant marketing of AI-supported medical devices.

Contact: Dr. Marc Schüffner, Dr. Katja Kuck

IP and AI: benefits and potential for conflict

The protection of IP is significantly influenced by the ongoing development of AI. Generative AI can lead to a violation of IP. However, AI can also be used to support the work of creators. In addition, care must be taken during the training and design of AI applications to ensure that no intellectual property is violated.

Ensure the protection of IP in the field of AI with GÖRG:

• Advice on proactive IP protection.
• Enforcement of IP rights violations, e.g. in the case of AI-generated content or the unlawful use of IP for training purposes.
• Advice on the compliant use of AI-generated content.
• Drafting of licence agreements for the use of IP by AI systems.
• Compliant use of IP for training AI, e.g. drafting of contracts in connection with the generation of AI training data.

Contact: Dr. Oliver Spieker, Dr. Kai Tumbrägel