As part of its European strategy for Artificial Intelligence (AI), the European Commission established an independent High-Level Expert Group on Artificial Intelligence (AI HLEG) in June 2018. First, this article clarifies the context that led to the creation of the AI HLEG and its mandate (I.). Subsequently, it elaborates on the Guidelines’ aim and purpose (II.), and analyses the Guidelines’ drafting process (III.). Particular focus is given to the questions surrounding the respective role played by ethics and law in the AI governance landscape (IV.), as well as some of the challenges that had to be overcome throughout the process (V.). Finally, the Guidelines are placed in an international context, and the first steps are set out (VI.) ahead on the journey towards an appropriate governance framework for AI (VII.).

The article reflects on how automated-decision making (ADM) and artificial intelligence (AI) may influence the shape of rules and regulations. While fundamental rights and principles may remain unaltered, their current translation into specific do’s and don’ts via statutory legislation, regulation and standards which is based on traditional economic assumptions may change in the light of a technological increase of low cost flexibility. After a brief introduction (I.), the article touches on the challenges and opportunities ADM and AI pose to existing law (II.), before sketching the overall effects of incorporating ADM and AI into the shape of law (III.).

This article provides an overview of the CLOUD Act, discusses how it has been interpreted by the DOJ, analyzes the impact of the Act on European companies, and considers the interaction between the Act and principles of European law, including the GDPR and the e-Evidence initiative.