The Law in Artificial Intelligence: Challenges

The Law in Artificial Intelligence: Challenges

The Law in Artificial Intelligence: Challenges

Published on july 17 , 2023

Foto de Kelly Melissa Cruz Benítez

Kelly Melissa Cruz Benítez - Legal Collaborator

Artificial intelligence (AI) has undergone rapid development in recent years, transforming various aspects of our society and raising new challenges in the legal field. As AI becomes increasingly autonomous and capable of making decisions on its own, the need arises to address the legal and ethical issues related to its use.

AI raises severe questions, such as that surrounding liability in the event of damage or errors: should liability be attributed to the developers, the owners, or the AI itself? Thus, a legal framework is required that clearly defines liability and establishes mechanisms to address the negative consequences of AI actions. This intelligence often operates as a "black box," meaning that its decisions and processes are difficult to understand and explain. This certainly hampers accountability and public trust in AI systems, and raises the question of the basis for oversight and the entities responsible for oversight.

On the other hand, process automation through AI offers a number of significant benefits. First, it improves operational efficiency by reducing human error and speeding up the execution of repetitive tasks. This allows companies to optimize resources and focus their staff on higher value-added activities. In addition, AI can analyze large volumes of data quickly and accurately, which facilitates decision-making based on relevant and timely information. This results in greater agility and responsiveness in competitive business environments. However, this also presents technical and implementation challenges. System integration and adapting AI to existing processes can be complex and the costs associated with implementing and maintaining AI systems can be high. In addition, careful planning is required to ensure data security and protect the privacy of the people involved.

Therefore, it is valid to ask: are law and artificial intelligence opposites or complementary? While AI offers significant benefits to our society, it is also necessary to address the legal concerns that arise in its implementation. In short, law and artificial intelligence are complementary areas, as law provides the necessary framework to regulate and address the legal and ethical challenges posed by AI. Through appropriate interaction between law and AI, it is possible to promote the responsible and ethical development of artificial intelligence for the benefit of society. As AI continues to evolve, it is imperative that the law keeps up to date and adapts its rules to keep pace with these technological advances. Only through active and ongoing collaboration will we be able to maximize the benefits of artificial intelligence without compromising the legal and ethical principles that underpin our society. The relationship between law and artificial intelligence thus poses a number of challenges and opportunities.
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Last June, the new Instructions for the Prevention, Detection and Control of Money Laundering, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction, issued by the Attorney General's Office (FGR), under the framework of the Anti-Money Laundering Law (LCLDA), came into force. In its Article 2, the LCLDA establishes that every person must submit information to the FGR that allows demonstrating the licit origin of any transaction he/she carries out. This leads us to conclude, then, that every person must prepare the manual and internal policies for the implementation of a money laundering prevention system, and the continuous development of these.

What is the difference between the new Instructions and the prevention systems elaborated before it came into force? Article 4 of the Instructions requires individuals to apply a risk-based approach, which consists of identifying, assessing and understanding the risks of their sector and operation, and applying resources aimed at ensuring that they are effectively mitigated. Therefore, it is necessary to update the manuals and policies that companies had developed in the past, so that they have a risk-based approach and comply with the new provisions.

From the manuals prepared, it is necessary to comply with other obligations, among them, to develop due diligence and KYC policies to identify the final beneficiary of the company's business relationships, to detect and mitigate all unusual or suspicious transactions and report them to the FGR (not only cash transactions), to train employees, to keep a historical record of the files analyzed, and above all, to appoint a compliance officer.

Why is it important to comply? Article 8 of the LCLDA establishes that, if there is any encumbrance due to negligence, impertinence or ignorance of the directors or employees of the companies, there will be a sanction of two to four years in jail.

Therefore, as a Firm we recommend:


We offer you our services, in order to comply with these legal obligations, so that your company has the peace of mind and support of a money laundering prevention system.

For more information about how this may affect your company, please contact our specialized team at bvaldez@bvaldezlaw.com  or  benjamin@bvaldezlaw.com