Data, Privacy & AI
Ensuring compliance and trust in the management of information and artificial intelligence systems.
What we cover
- Compliance with Data Protection regulations (GDPR, local laws)
- Drafting and review of Privacy Policies and Cookies Policies
- Legal governance for Artificial Intelligence projects
- Advice on AI training data and ethical compliance
- International data transfer agreements (DPA)
- Data breach response and notification management
- Privacy by design and by default assessments
Key challenges
Structuring the legal framework to deploy AI models responsibly and compliant with emerging laws.
Harmonizing data operations across multiple jurisdictions and regulatory requirements.
Implementing policies that protect both the company and its users' sensitive information.
Our Strategic Approach
We build legal frameworks that anticipate regulatory changes in the fast-moving AI landscape.
Our compliance solutions are designed to enable products, not just restrict them.
We understand the technology behind the data, allowing for more precise legal advice.
Success Stories
Frequently Asked Questions — Data, Privacy and Artificial Intelligence
What legal services does Kaplan Abogados provide in relation to data and artificial intelligence?
Our practice provides comprehensive legal advice on modern compliance for companies that develop and operate data-driven and artificial intelligence technologies. This includes personal data protection, regulatory compliance for AI-based systems, internal data/AI governance policies, legal risk assessments, review of contracts with data and AI providers, and the structuring of legal frameworks for the processing of sensitive data.
Why is legal compliance important when using artificial intelligence?
The use of AI presents specific legal challenges, particularly in relation to data privacy, algorithmic transparency, liability for automated decisions, and sector-specific regulatory obligations. A solid legal strategy helps mitigate the risk of sanctions, privacy claims, violations of data subjects' rights, and contractual disputes with clients and users.
How is data protection related to the development and operation of AI systems?
AI systems rely on large volumes of data, many of which may be personal or sensitive. The processing of such data must comply with: express consent requirements, data minimization and purpose limitation principles, and appropriate anonymization and pseudonymization mechanisms, in order to ensure compliance with applicable data protection laws (such as Argentina's Personal Data Protection Act).
What is algorithmic transparency and why does it matter?
Algorithmic transparency refers to the obligation to explain, document, and clarify how AI models operate, especially when their outputs affect relevant decisions concerning individuals or business processes. In certain sectors (such as finance or healthcare), transparency is a regulatory requirement that must be integrated into operations and into agreements with technology developers and providers.
Can Kaplan Abogados assist in drafting internal AI and data policies?
Yes. We draft tailored internal policies on data processing and responsible use of AI, aligned with market practices and current regulatory requirements. These policies support both compliance efforts and the management of operational and reputational risks.
What legal risks arise when a company implements AI without legal advice?
Without an adequate legal framework, a company may face: privacy breaches and data protection sanctions, liability for non-transparent automated decisions, contractual breaches with partners or users, and exposure to claims for improper use of information. Proper legal advice helps anticipate these risks and establish effective legal safeguards.
What should an agreement with AI technology providers include to be legally sound?
An agreement with AI providers should clearly address: data privacy and security obligations, limits of liability and responsibility for AI outputs, intellectual property rights over models, data, and results, human oversight and bias control mechanisms, and clauses addressing regulatory updates and legal changes.
What sector-specific regulations may affect the use of AI?
In addition to data protection laws, certain industries are subject to specific AI compliance requirements. For example, financial institutions often require algorithmic explainability, while healthcare regulators may require validation of diagnostic models. These obligations must be integrated into the company's AI legal strategy.
Does Kaplan Abogados advise on due diligence processes involving data and AI?
Yes. We provide legal due diligence on data assets and AI systems, assessing contractual, compliance, and intellectual property risks, particularly in the context of investments, mergers, and acquisitions.
Building AI or handling data?
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Build trust through compliance
Let's ensure your AI and data systems meet global privacy and security standards.