You are here

EURA WORKSHOP SERIES - "AI AND CONTRACT LAW: RULES FOR AUTOMATED DECISION MAKING"

Publication Date: 
05.07.2022

New Seminar of the EURA Workshop Series, July 7th, from 2.30 p.m. to 4.30 p.m

You can join us:

Teresa Rodríguez de las Heras Ballell is going to present her study entitled "AI and Contract Law: rules for automated decision making"

 

Abstract:

"Algorithms is intensively and extensively used to automate an immense and growing variety of tasks, activities, and decision-making processes in the digital economy. Automation is instrumental to manage complexity, curb uncertainty, perform mass activities at an affordable cost. From basic tasks (searching, comparing, ordering, prioritising), to more sophisticated added-value services (profiling, personalising, recommending, multi-attribute rating, filtering, content moderation, algorithmic management, complaint handling), all are performed by algorithm-driven systems and AI systems.

Benefits of algorithmic automation are widely recognised: efficiency, reduction of transaction costs, streamlined processes, and assistance to decision-making in complex contexts. Nonetheless the benefits of algorithmic automation are a commonplace, at the same time, significant risks and undesired effects of algorithm-driven systems for society are acknowledged and their growing use are rendering them increasingly perceptible. Algorithmic logic may perpetuate choices and preferences, radicalise speech, polarise public opinion in echo chambers and ideological silos, reduce diversity, enlarge bias and discrimination divides, standardise behaviour on the basis of stereotypes, lead to opaque decisions that leave victims undefended, stoke the virality of fake news, encroach upon free speech, or distort consumers’ choices with misleading ratings, rankings, dark patterns, or recommendations.

Even if neither the potential benefits and the ever-growing use of algorithmic systems nor their risks have gone unnoticed in the European Union, rules related to algorithmic processes are scattered in different pieces of legislation, are partial in their scope, and are unharmonized. Thus, automated decision-making system lack a consistent, coherent, and all-embracing body of principles/rules. Against such a backdrop, in May 2022, ELI published the ‘Guiding Principles for Automated Decision-Making in the EU’, which aimed at providing further guidance on establishing a legal framework for automated decision-making (ADM) in the EU."