10 April 2025

MME Legal Services relating to the use of Artificial Intelligence

  • Articles
  • Legal
  • Blockchain / Digital Assets
  • Data / Technology / IP
  • Employment / Immigration
  • Regulatory Compliance
  • Transactions / M&A

AI creates value – but also brings legal risks. MME supports you with a systematic approach, legally compliant solutions, and AI GAP analysis workshops to identify critical areas.

  • Dr. Martin Eckert

    Legal Partner

The use of artificial intelligence is a value driver for our clients. However, the use of AI is also associated with legal risks. MME has developed a systematic approach how to assist our clients to assure compliance. Please find below a list of the legal services in different areas of law. MME offers also AI GAP-analysis workshops to identify critical areas and get an overview where within the enterprise AI is used.

Area MME Legal Services 
1. Regulatory Compliance and AI Governance
  • Assist in classifying AI systems/models according to risk levels defined by the AI Regulation (low, medium, high risk) and help implement impact assessments.
  • Create internal policies, audit procedures, and staff training programs to ensure AI usage aligns with European and Spanish regulations.
  • Assist in preparation for external audits to evaluate compliance with AI Act and other regulatory frameworks.
  • Review obligations of transparency for companies who deploy or use AI systems/models and may fall under multiple regulatory frameworks within the EU Digital Package, including the Digital Services Act (DSA) and the Digital Markets Act (DMA). Act as an EU representative for AI Systems providers.
2. Data Protection and Privacy
  • Review how AI systems handle personal data, ensuring they comply with GDPR and LOPDGDD principles such as lawfulness of processing, data minimization and purpose limitation.
  • Assist in implementing techniques for anonymizing and pseudonymizing personal data in AI systems.
  • Assess automated decision-making processes to ensure compliance with individuals’ rights to avoid solely automated decisions without human intervention.
3. Cybersecurity and Technology Resilience
  • Conduct security audits to evaluate AI systems’ vulnerability to cyberattacks and ensure compliance with security norms.
  • Create rapid response protocols for AI-specific cybersecurity incidents, including measures to mitigate damage and restore services.
  • Conduct advanced cybersecurity tests, such as red teaming, simulating real attacks on AI systems to identify and address vulnerabilities.
4. Ethics and Social Responsibility Law
  • Advise on creating ethical policies for AI usage, promoting transparency, non-discrimination, and respect for human rights as part of the AI Act obligations.
  • Audit and analyze algorithms to detect and correct biases that may lead to discriminatory or unfair decisions.
  • Advise on methods to ensure AI decisions are transparent and understandable to users and affected parties, meeting explainability requirements.
5. Corporate Law and Technology Transactions
  • Draft contracts governing the development, licensing, and use of AI technology, including intellectual property, compliance, privacy, confidentiality and liability clauses.
  • Conduct thorough risk assessments and regulatory compliance checks for transactions involving AI companies.
  • Analyze legal and security risks associated with outsourcing AI development or maintenance to third parties.
  • Provide specialized advisory services throughout M&A processes where AI is a significant component.
6. Intellectual Property and Copyright
  • Counsel on patent and copyright protections for AI algorithms and models and help safeguard intellectual property for innovative AI developments.
  • Assist in drafting and negotiating licenses for third-party data usage in AI model training, ensuring compliance with copyright and data rights.
  • Evaluate and register creative works generated by AI (e.g., images, music, text) and assess copyright applicability for these outputs.
7. Contract Law
  • Draft and review contracts for AI technology development, including rights and obligations, ownership of results, and liability in case of failures.
  • Include clauses in contracts establishing warranties on the safety, accuracy, and regulatory compliance of AI systems used. Draft contract clauses to protect against risks associated with outsourced or insourced AI systems and limit or extend liability in case of malfunction.
8. Litigation and Dispute Resolution
  • Representation in cases where AI has caused material, psychological, or economic harm to third parties, including product liability and system failures.
  • Facilitate conflict resolution through mediation or arbitration in AI-related disputes, avoiding court litigation and seeking negotiated solutions.
  • Assist in collecting evidence, data records, and technical documentation to demonstrate or defend a system’s correct operation in legal proceedings.
9. Civil Liability and Insurance
  • Evaluate possible civil liability scenarios in AI usage, such as algorithm errors or damage caused by automated decisions.
  • Recommend and negotiate insurance policies to cover specific AI-related risks, such as system malfunctions or technical errors.
  • Represent clients in civil liability claims related to AI, including guidance on handling evidence and documentation to defend or support claims.
10. Criminal Law and Crime Prevention
  • Develop policies to prevent AI systems from being used in criminal activities, including fraud, data manipulation, and cybercrime.
  • Counsel in cases where AI is used in crimes, such as identity theft, digital forgery, and other cyber offenses.
  • Provide digital forensic investigation services in crimes involving AI, including data recovery and event reconstruction.
 11. Labor and Employment Law
  • Analyze how AI impacts the workplace, including implications for privacy, non-discrimination, and fair performance evaluation rights.
  • Develop policies to inform employees about AI usage in the workplace and obtain informed consent where necessary.
  • Counsel and defend in cases of algorithmic discrimination in hiring or employee evaluation due to bias in AI systems.
12. Administrative Law and Sector-Specific Regulations
  • Advise on compliance for AI systems in regulated sectors like healthcare, finance, trading, education, gambling, transportation, etc.
  • Assist in obtaining necessary licenses and certifications to operate AI in regulated sectors, such as medical devices or AI for financial and trading analysis.
  • Monitor and update AI systems in regulated sectors to maintain compliance with new laws and standards.
13. Environmental Law and Sustainability
  • Analyze the environmental impact of AI systems, especially regarding energy consumption and carbon footprint in large-scale data processing.
  • Develop sustainability strategies for AI companies, promoting energy-efficient practices and reducing environmental impact.
  • Ensure AI systems comply with environmental standards and sustainability policies, helping companies maintain a responsible public image.
Back