Jocelyn S Paulley
Partner
Co-leader of Retail & Leisure Sector (UK)
Co-leader of Data Protection and Cyber Security sector (UK)
Article
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Artificial Intelligence (AI) is rapidly transforming the business landscape worldwide. For senior business leaders, the imperative is clear: understand AI's potential, navigate its risks and implement it responsibly to drive value and maintain compliance.
This article provides an overview to help you make informed decisions and position your organisation for success in the age of AI.
AI is best described as the use of digital technology to create systems capable of performing tasks that typically require human intelligence, such as visual perception, speech recognition, decision-making and language translation.
According to the Organisation for Economic Co-operation and Development (OECD), an AI system is a machine-based system that, for explicit or implicit objectives, infers from input data how to generate outputs (predictions, content, recommendations, or decisions) that can influence physical or virtual environments. These systems vary in their autonomy (the degree to which they operate without human intervention) and adaptiveness (their ability to evolve after deployment).
At one level, AI is a very clever word-predicter and pattern-spotter. Based on thousands of documents, webpages, articles, books, blogs etc that the AI has ingested, it creates mathematical models of the relationship between words so it can anticipate what word comes next in a particular context. How it does that varies between different types of models and learning techniques, but it reveals something critical – AI does not 'understand', it does not have 'logic', it does not appreciate 'time' and it certainly has no 'morals'. So, whilst it is very sensitive to choice of language, it can learn itself and it can produce outputs independently, it is certainly not infallible.
AI offers a spectrum of opportunities for organisations, from enhancing decision-making to automating operations.
The general benefits it delivers are:
The use cases to realise these benefits are hugely varied depending on the nature of a business. You could think about it split between generic tasks that any corporate undertakes and then operation specific uses.
The most important thing to recognise is that identifying the right use cases is fundamental. Like the internet before it, AI is a very general tool which could be used in many different ways. There are many solutions being developed, but not every solution can resolve a problem in every business. Each organisation must assess where AI technologies can deliver the greatest benefit, tailored to its sector, its weaknesses and its strategic objectives.
AI introduces risks that differ significantly from traditional software. Key concerns include:
Mitigating these risks requires a tailored approach for each use case. For example, marketing teams may focus on IP concerns, HR on discrimination and customer-facing functions on hallucinations and reliability.
The UK government has adopted a pro-innovation, principles-based approach, leveraging existing regulators and legislation. While there is no AI-specific law yet, all current UK laws apply, including:
The government's five guiding principles are safety, security and robustness, transparency and explainability, fairness, accountability and governance, and contestability and redress. These aim to build public trust and ensure proportionate, context-specific regulation. There are indications that the King's Speech in 2026 will announce AI legislation designed to prohibit the most harmful uses of AI, protect creators of IP but also foster innovation – a difficult balance to strike.
Europe is leading with the EU AI Act, which complements existing legislation such as GDPR, the Digital Services Act, and the Digital Markets Act. The AI Act uses a risk-based model, categorising AI applications by potential harm and imposing strict legal obligations on developers and users. The AI Liability Directive and a proposed EU AI Board are also in development.
Other jurisdictions, including the US, China and Canada, are developing their own frameworks, often focusing on specific applications or ethical considerations. For multinational organisations, cross-jurisdictional compliance is essential.
Leading organisations are adopting "responsible AI" principles, including:
Many companies set up steering groups and policies to ensure their AI usage stands up to scrutiny, both legally and ethically. AI is challenging for governance because it is multi-disciplinary – being a sophisticated digital tool, with specific cyber, data and legal risks, which could be used in any operational part of a business where it is crucial to have stakeholders from those functional areas involved to understand the problem to be solved and define what success looks like.
It is also important to decide what approach to take to AI used by employees. Should employees be prohibited from using AI except for tools deployed centrally which are permitted? Or should employees need to get permission to subscribe to or use AI tools per use case? Or could employees be permitted to use any available AI tools, provided that they comply with a policy and have been trained?
To implement AI compliantly and effectively, you should consider the following:
AI presents both transformative opportunities and complex risks for businesses. The regulatory landscape is evolving, and responsible implementation is critical. Business leaders should act now to assess their organisation's readiness, define strategic use cases and establish robust governance.
For tailored advice and support in implementing AI compliantly, contact Gowling WLG's AI team. Our experts can guide you through the legal, ethical and operational considerations to ensure your AI strategy delivers value - safely and responsibly.
For more information about our AI team and how we can support you, visit our AI webpage.
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