Third-party sale of AI: requirements in Spain.

When integrating artificial intelligence (AI) systems into products or services, the applicable legal framework must be considered. With the increasing availability of integration provided by AI vendors, it is important that companies integrating these technologies into their products ensure that they comply not only with the upcoming European AI Regulation, but also with other applicable regulations.

The gradual simplification of integrating AI systems into third-party applications is contributing to an increase in commercially relevant use cases. However, this trend is responsible for this integration.

Responsibility for integration

When integrating external AI systems into your own products or services, it is key to understand that the responsibility does not lie solely with the original AI provider. A company integrating AI functionality into its product or service - whether on its own or through a third party - must ensure compliance with applicable laws applicable to its use.

The implementation of AI systems in applications can affect various areas such as security, intellectual property, privacy and consumer protection regulations.

Intellectual property

It should be checked whether the AI system provider requires the transfer of rights to use its systems or places restrictions on commercial use. In addition, if end-users can input content into the application, the necessary measures should be in place to prevent intellectual property infringement or related problems.

Information security

Failure to comply with information security standards - any party involved in the creation of a product or service could jeopardize sensitive user information or business assets.

Privacy

It is important to verify that systems trained on personal data or that allow the automation of tasks comply with the restrictions set out in applicable data protection legislation. In addition, it is important to define the role of all parties involved in the processing of personal data, which usually includes the AI system provider.

Consumer protection

When providing a product or service, it is important to give consumers sufficient information about the availability and capabilities of the offered application.

Other areas

In the early stages of developing a product or service that includes AI functionality, it is important to check whether the integration of the AI system falls into regulated areas, such as medical devices, payment services, or infrastructure (for example, healthcare, customer authentication systems, or incident detection systems, respectively).

Comment from Osborne Clarke

When integrating AI systems into products or services, it is essential not only to ensure compliance with all existing regulations but also to maximize compatibility with the future European AI regulation; otherwise, it will be necessary to partially or completely redo the integration.