Clifford Chance

In a world driven by rapid technology development, it is critical that adoption of new tools and the way they are developed are guided by clear principles and done in a safe and responsible way. We have a long track record of helping our clients navigate these complex challenges and, through our own community programmes, of making tech more inclusive and diverse. 

Being at the forefront of supporting clients and regulators around the world in their approach to the responsible, trustworthy use of technology in fields such as AI, robotics, blockchain, big data and cybersecurity means that we not only track developments but also anticipate them. 

Our Global Tech Group shared a range of insights on these and other issues during FY23, including Tech Trends 2023, which covered evolving technologies, increased digital connectivity and regulation and legal risk. AI has huge transformative potential, and Generative AI: The Big Questions examined the questions to address when exploring AI opportunities.

Towards the end of 2023, the draft EU regulations on AI are due to be agreed by member states. These are the most comprehensive AI regulations globally to date. They will be implemented over the course of the following two years and will regulate AI technology and its use. 

“We’re seeing ethical principles now translate into binding, legal requirements for the uptake of safe, responsible and trustworthy AI, not least in the EU,” says Dessi Savova, Partner and head of Clifford Chance’s Continental Europe Tech Group.

“What does this mean for businesses in practical terms? Companies should be onboarding and building these principles and high standards into their AI strategy, governance and compliance programmes. Striving for safe, responsible and trustworthy AI should be seen not as a burden but as a must, and a competitive advantage.”

The adoption of the proposed EU regulations is likely to have far-reaching effects, in the EU and around the world, as global regulators monitor implementation and potentially take cues from the European legislation. 

"There’s a real variety of approaches to regulation around the world, which makes it difficult for businesses to predict how they will be able to use AI responsibly and lawfully,” says Stella Cramer, Partner and head of our Tech Group in Singapore. “China is being prescriptive, whereas here in Singapore – as in the UK – regulators are being more circumspect.

“It will be interesting to see what the effects of the EU legislation will be. Elements of the trading bloc’s GDPR regulations were widely adopted here in the Asia Pacific region, so we may see some jurisdictions doing the same when it comes to AI.”

As well as advising our clients on how to deploy AI responsibly and lawfully, we are involved in helping governments formulate their policy and thinking around AI-based on our global experience and what we have seen in various jurisdictions.

“The discussion around the responsible adoption of AI, its implications and what are the sensible legal parameters to put around it is critical,” adds Stella. “The regulatory and advisory work we do is connected and being involved in both puts us in a highly competitive position.”

Devika Kornbacher, Co-Head of Clifford Chance’s Global Tech Group and Houston Managing Partner, adds “As the EU rolls out its AI Act, the US stands at a critical juncture in the development of its own approach to AI governance. The number of AI-relevant laws and legislative proposals globally, and the pace at which this egal landscape is evolving, can make it challenging for businesses to formulate their AI strategies and policies. For us, a key part of helping clients with that is having a global, cross-practice team of people with expertise in this transformative field.”

Our work, not just with clients and regulators, but also alongside a variety of organisations such as Oxford University and the Leverhulme Centre for the Future of Intelligence, has helped us build on the knowledge we have amassed in this field over the past few years.

“A really important part of our work is developing expertise through collaboration,” says Senior Associate Herbert Swaniker. “Our Tech Group, which consists of more than 600 lawyers, has spent a number of years understanding developments, listening to clients and the issues they raise, analysing what we can do to help, publishing thought leadership in this field, and commissioning research. It’s part of our contribution to responsible tech, making sure we have broad knowledge and data-driven insights from which clients can benefit.”

Advancing access to tech skills and knowhow

Clifford Chance is helping to advance core tech skills in Kigali, Rwanda, in collaboration with NGO Women in Africa. In the UK, Clifford Chance has long supported undergraduate bursaries at Hertford College, University of Oxford, not only helping to nurture the field of Computer Science research, but also emphasising the crucial topic of tech ethics.

By actively supporting those from diverse backgrounds, the programme helps talented individuals from underrepresented groups to enter the technology industry. This commitment to diversity not only enriches the industry with fresh perspectives, but also helps to overcome historical biases and ensure a fair and equitable representation within the field.

“The partnership between Clifford Chance and Hertford College demonstrates a proactive commitment to addressing the ethical implications of emerging technologies. Alongside their other areas of support, including a code club for young people from the local area, Clifford Chance has demonstrated the importance of considering the broader societal impact of technology and the need for responsible innovation," says Francis Wheare, Director of Development, Hertford College.