Artificial Intelligence

Artificial Intelligence (AI) continues to rapidly evolve and the technology has significant transformational potential. We help our clients to harness the transformative benefits of AI technology responsibly, safely and ethically, while navigating the complexity, and unique challenges and risks that AI presents.

The development, deployment and use of AI systems raises complex legal, ethical and reputational considerations. Unlike the EU, Australia does not have a single, stand-alone AI Act. Instead, AI products and services are governed through existing, technology neutral laws, supported by regulatory guidance and voluntary standards.

Our multi-disciplinary team of experienced lawyers guide and support our clients at every stage of their AI journey. Our approach is practical, forward-looking and designed to turn complex challenges into opportunities for growth.

HOW WE CAN HELP

Our lawyers have a deep understanding of technology, including AI. We provide advice and support to a wide range of businesses, industries and sectors on issues including AI governance, regulation and compliance, projects, disputes and regulatory investigations.

Our expertise and services include:

Advisory

Including:

advising on the application of existing laws that apply to the development, deployment and use of AI technology
AI incident response readiness

Governance

Including:

developing and reviewing AI governance frameworks
drafting and reviewing AI governance related policies and procedures
conducting AI impact assessments and AI risk assessments
delivering AI training for boards, executive management and staff
advising boards (or equivalent governing bodies) on board governance matters, including advising on directors' duties

Technology and data

Including:

establishing data governance frameworks
advising on the application of privacy and data protection laws to AI technology

Procurement

Including:

assisting with AI vendor due diligence
drafting and negotiating AI related product and services contracts
advising on AI system development and implementation projects

Intellectual property

Including:

advising on intellectual property specific issues relating to AI, including copyright protection, technology transfer and licensing agreements, protection of IP assets

Competition and consumer law issues

Including:

advising on competition law issues, including in relation to AI assisted pricing services and exclusive supply arrangements for AI enabled goods and services
advising on consumer law issues including consumer law liability for AI generated representations and unconscionable or unfair practices involving AI enabled services

Regulatory

Including:

advising the application of existing laws, regulations and voluntary standards to AI products and services, including the application of:
- Privacy Act 1988 (Cth)
- the Australian Consumer Law
- Online Safety Act 2021 (Cth)
- discrimination and human rights law
- directors' duties under the Corporations Act 2001 (Cth)
- intellectual property laws
advising the application of sector-specific regulation, including:
- financial services law
- health and medical device regulation
- surveillance and biometrics laws
- critical infrastructure laws
acting for clients in AI related regulatory investigations and inquiries

Litigation

Including:

acting for clients in relation to AI related disputes and complaints

Employment

Including:

advising on the use of AI tools in the workplace, including for measuring productivity, employee sentiment and surveillance
advising on the application of discrimination and human rights law to AI product and services

LEGAL EXPERIENCE

Our experience includes advising:

NSW Government Department on its recent procurement of cloud services, including AI tools, from a US vendor. Our role has included advising on the data sovereignty, privacy, security and AI-related risks associated with the procurement, negotiating contractual mitigations and advising on practical mitigations.
NSW Government Department on its procurement of an AI tool which combine generative design, compliance automation, and AI-driven insights to streamline property development.
Victorian Water Body on AI risks, establishing an AI policy and AI procurement framework and the procurement of multiple AI tools.
Victorian Government agency in relation to the implications of use of potential use of AI as part call taking and dispatch software.
leading insurer in relation to the procurement and use of an agentic AI solution.
leading global alternative investment firm on the deployment and use of AI call recording and transcription tools, including potential surveillance issues.
global investment management firm on the deployment and use of an AI conferencing tools from a privacy law perspective.
industry dispute resolution body on the implementation of an AI call recording and AI sentiment analysis tool.
global social media firm on AI voluntary standards applicable in Australia.
leading healthcare company on the negotiation of an AI-powered conversational recruitment platform.
start-up company on various issues relating to the launch of an AI-based voice and avatar agents offering.