Legal updates and opinions
News / News
AI Laws – The Year in Review
Almost synonymous with 2023 is the term Artificial Intelligence (AI) and on a global basis, this year has seen significant debate on and development in the area of regulation of AI. This is against AI’s increased accessibility and the unprecedented speed of AI development with the emergence of new use cases such as generative AI and multiple applications in almost every industry and sector.
Regulation has become a global concern where the need for ethical and responsible AI is critical. As a result, many regional developments have occurred. As far back as 2019, the Organisation for Economic Co-operation and Development’s (“OECD”) issued AI Principles (2019) with recommendations for member states’ policy to include in their national AI policies. In November 2023, in Africa, the African Union is developing a Conceptual Framework of the Continental Strategy on Artificial Intelligence to address principles and strategic objectives for the responsible and safe use of AI. The Bletchley Declaration on AI was signed by 27 countries in attendance at the recent AI Safety Summit acknowledging global opportunities and risks of AI.
While the debate on if and how to regulate AI continues, many countries are in the process of developing or implementing laws and regulations to govern the use and impact of AI. Different approaches to regulation have emerged where some regulation takes the form of formal legislation – regulating what AI may be developed and how and providing for sanctions for offenders. An example is the EU, where the three branches of the EU government – the European Parliament, Council and Commission – recently announced their provisional agreement on the Draft EU AI Act, bringing us one step closer to the adoption of the world’s first comprehensive AI law. Some countries have adopted a more flexible, innovation friendly soft law approach of providing for AI ethical use frameworks and/or sector specific guidelines, such as in the UK. Some regulators/governments, such as the United Arab Emirates, have taken a phased approach of interim soft law options while they navigate the many legal and regulatory unknowns accompanying AI, favouring an approach where formal legislation may be enacted further down the line.
This AI Global Snapshot provides a high-level overview of AI laws, regulations and guidelines and frameworks which have emerged in the past year.
Latest News
Cybersecurity Breaches vs The SABS Breach of “Standards”
Issues of maladministration and mismanagement at the South African Bureau of Standards ("SABS") have been the subject of much contestation [...]
No, you cannot do and say whatever you feel like! Even if you are the scorned lover or wife
The internet and digital platforms have significantly impacted privacy rights and the legal landscape. Social media, blogs, and other online [...]
A tale of cybersecurity blame, who bears responsibility?
Who is responsible for the payment of loss arising from cyber fraud, specifically when an email correspondence is intercepted by [...]
Further into Africa…Botswana enacts a “new” Data Protection Act. Does this spell a new dawn?
On 29 October 2024, Botswana's "new" Data Protection Act 18 of 2024 ("the new DPA") was published in the government [...]
Second Edition of FIDIC Green Book: A Solid Foundation for Small to Medium Sized Projects
and Khanyisa Tshoba - Candidate Attorney Having been involved in a number of contract negotiations relating to small to medium [...]
Direct marketing Guidance Note issued, but only the future will tell
On 04 December 2024, the Information Regulator ("Regulator") published the long-awaited Guidance Note on Direct Marketing ("Guidance Note") in terms [...]