Thinking ahead. Leading AI governance
Thinking ahead. Leading AI governance
In the current regulatory landscape, marked by the emerging regulation of Artificial Intelligence (AI) systems, which profoundly impact various areas and sectors, KLA presents KLAI, a hub specialized in AI. KLAI was created to provide a multidisciplinary, integrated, and specialized legal perspective for businesses across a wide range of industries.
KLAI brings together a team of highly qualified lawyers, including partners and associates, who combine solid legal experience with an innovative approach. Our goal is to apply the law effectively and creatively, offering legal solutions that meet the specific demands of each sector and market segment.
Our services
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In the current regulatory landscape, marked by the emerging regulation of Artificial Intelligence (AI) systems, which profoundly impact various areas and sectors, KLA presents KLAI, a hub specialized in AI. KLAI was created to provide a multidisciplinary, integrated, and specialized legal perspective for businesses across a wide range of industries.
KLAI brings together a team of highly qualified lawyers, including partners and associates, who combine solid legal experience with an innovative approach. Our goal is to apply the law effectively and creatively, offering legal solutions that meet the specific demands of each sector and market segment.
Our Services
Training and Awareness
We organize and conduct training sessions and workshops on the key topics related to artificial intelligence. The most requested content by our clients includes:
· Regulatory landscape and AI governance
· Use of AI and intellectual property
· Best practices and recommendations for the use of AI tools by employees
· Data governance in the use of AI We also develop materials for internal circulation (e.g., informational bulletins and guides) addressing the main sensitive topics, points of concern, and relevant updates related to artificial intelligence.
Opinions on the Responsible Use of AI in Organizations
We draft specialized and multidisciplinary opinions to guide the responsible, ethical, and secure use of artificial intelligence systems within organizations. The objective is to ensure that companies adopt practices aligned with current regulations, respect the rights of involved parties, promote transparency, and mitigate potential risks.
Mapping and Inventory of AI Solutions
We offer a comprehensive mapping and inventory service for the artificial intelligence systems used by the organization.
We identify, categorize, and assess the key aspects (such as risks and recommended licenses) of all AI systems in use.
Our goal is to empower the organization to make informed and strategic decisions about the use of AI technologies, ensuring alignment with market best practices, ethical standards and adequate internal controls.
Algorithmic Impact Assessment
We conduct assessments, reports, and diagnostics of the algorithmic impact of the artificial intelligence systems developed and/or implemented by organizations.
This is a necessary governance procedure to measure risks, document, and provide accountability for high-risk applications that may impact the rights of third parties.
Due Diligence em M&A
We offer specialized due diligence services in mergers and acquisitions (M&A) of companies whose operations involve the use and/or development of artificial intelligence systems.
Our service includes a thorough and multidisciplinary analysis of the company’s technological assets and activities, encompassing the evaluation of intellectual property assets, regulatory and tax compliance, security, and ethical AI practices, with the aim of mitigating potential risks and contingencies related to corporate operations.
Legal Analysis for Responsible AI Development
We provide specialized legal analyses to ensure the responsible development of artificial intelligence systems within organizations.
We translate code into legal compliance, ensuring that the developed solutions align with regulations and market best practices.
Litigation Support
We offer multidisciplinary and specialized support for litigation involving artificial intelligence issues. Our support includes detailed analysis of the AI technologies in dispute, assessment of legal and regulatory implications, and development of robust strategies for defending or asserting rights related to, for example, intellectual property, data protection, and compliance with specific standards and regulations.
Governance Policy and Code of Conduct for Responsible AI Use
We create customized Governance Policies and Codes of Conduct to ensure the ethical and responsible use of AI systems within organizations.
Based on these guidelines, it is possible to establish robust internal procedures, ensure the security and reliability of systems, and, most importantly, strengthen the trust of clients and partners.
Drafting Clauses and Contracts
We assist in reviewing and drafting clauses and contractual instruments focused on the use and development of artificial intelligence.
Our service is designed to ensure that all relevant aspects are addressed and protected contractually, providing a solid and secure foundation for negotiations and operations.
Legislative Radar
We monitor key regulatory initiatives related to artificial intelligence and provide reports and alerts on relevant legislative changes and proposals that may impact our clients’ businesses and interests.
Our reports include evaluations of new regulations, analyses of potential implications for company operations, and practical recommendations to ensure compliance and mitigate risks.
Advertising Campaign Clearance
We conduct detailed analyses of advertising campaigns that use artificial intelligence systems in their creative process.
We provide precise parameters for risk assessment and develop effective strategies to mitigate them.
Intellectual Property Strategy
We conduct detailed analyses and provide strategic advice for intellectual property assets related to AI systems. We offer comprehensive support covering all stages of planning and managing assets, including copyrights, trademarks, and software.
Key Stakeholders in the AI Chain According to Bill 2.338/2023
AI Agents
Developers, distributors, and users involved in the value chain and internal governance of artificial intelligence systems, as defined by regulations.
Affected Person or Group
An individual or group of individuals who is directly or indirectly impacted by an artificial intelligence system.
Person in Charge
An individual or committee appointed by the AI agent to act as a communication channel with affected persons and groups, with the competent authority, and other entities of the Brazilian System of AI Regulation and Governance (SAI), as well as to oversee the ethical and responsible development and use of AI systems in compliance with the law.
Provider
An individual or legal entity, public or private, that develops an artificial intelligence system, either directly or on commission, with the aim of placing it on the market or using it in a service provided under their own name or brand, whether for a fee or free of charge.
Distributor
An individual or legal entity, public or private, that makes and distributes an AI system for a third party to operate, either for a fee or free of charge.
Deployer
An individual or legal entity, public or private, that employs or utilizes an artificial intelligence system in their own name or benefit, including configuring, managing, maintaining, or supporting the system with data provision for its operation and monitoring.
Definition of AI System
An AI system is a machine-based system that uses data to generate content, recommendations, and decisions with varying degrees of autonomy. This definition is consistent with those provided by global entities such as the European Union and the OECD (Organization for Economic Co-operation and Development).
The European Union, through the EU AI Act, adopts a similar definition and adds the provision that it is “designed to operate with varying levels of autonomy.”
In Brazil, the topic is addressed in Bill of Law 2338/23, currently under consideration, which also states that such a system can have “explicit or implicit objectives.”
Regulatory Landscape in Brazil
Currently, Bill of Law 2,338/2023—known as the AI Legal Framework—is under review by the Senate’s Temporary Internal Committee on Artificial Intelligence (CTIA) and is in the discussion phase. It is anticipated that, in the coming months, a specific regulation for AI will be approved in Brazil.
In general, the text of Bill 2,338/2023 adopts a risk-based approach, assigning specific obligations and responsibilities based on the risk category. Additionally, it addresses other relevant topics such as principles and fundamentals of AI, rights of individuals affected by AI systems, civil liability, and copyright issues.
Relevant Initiatives Worldwide:
OECD AI Principles
OECD AI Principles
ISO/IEC 42001
ISO/IEC 42001
NIST AI Risk Management
NIST AI Risk Management
Corporate, M&A, and Media & Entertainment
Although the AI Legal Framework is still under discussion in Brazil and the innovations and AI systems available are just the tip of the iceberg, the advertising market and brands already need to consider the various existing regulations that apply to the use of AI, whether in the production of an advertising campaign or in their internal processes. The basic recommendation is that AI should always be viewed as a tool, a means, and not an end or a result. Therefore, human intervention is essential to ensure compliance and the responsible and ethical use of AI.
Melissa Kanô
Intellectual Property and Data Protection
The imminent regulatory framework on artificial intelligence represents a crucial moment for all companies developing or using this technology in their operations. The upcoming changes will have a significant impact on how organizations conduct their business. Therefore, it is essential to anticipate and adopt a proactive approach. Promoting the appropriate and responsible use of AI systems not only ensures compliance with future regulations but also strengthens the company’s integrity and reputation. In this context, being prepared and informed is the key to ensuring competitive advantages and protecting long-term interests.
Ana Carolina Cesar
Tax Law
AI brings a new era to corporate tax management. It will not only assist in handling and analyzing large volumes of data but will also be a crucial ally in identifying inconsistencies and exposures in tax declarations. The technology is already being used by tax authorities to cross-check taxpayer data, and with AI now expanding to the general public, taxpayers have the opportunity to refine their systems to avoid penalties for mere clerical errors, which often result in protracted disputes lasting several years.
Felipe Omori
Corporate Law and M&A
AI tools assist corporate law in a range of activities, such as legal auditing processes and the drafting of contracts and corporate documents. The tools used at KLA were selected based on experience and performance, after ensuring data security and confidentiality. The information is utilized by lawyers to guide clients on the best way to conduct negotiations. Thus, AI tools and the collected data are not effective alone without the interpretation of the information. Combining AI with the knowledge and personal experience of lawyers is essential for understanding the business and supporting the client.
Karin Alvo
Partner
Business Management
The use of artificial intelligence in business management is becoming increasingly common, offering a range of advantages that are changing the way companies operate. While the scope is vast, it is important for companies to approach this technology ethically and responsibly. Proper training, data governance, and transparency are critical to ensuring that the benefits of AI are realized without compromising privacy or security. As the technology continues to evolve, effective use of AI will be a crucial differentiator for business success.
Marcelo Doubek
Banking and Financial Law
The viability of Open Finance and its interconnections is strongly anchored in AI innovations. About 900 financial institutions have already shown interest in joining these initiatives, which enhance the efficiency of personal finances for citizens but may encourage anti-competitive practices by financial agents to prevent loss of profitability. Therefore, the new world of open finance will require a system of “assisted self-regulation,” supervised by the Central Bank, which will need to expand its role to prevent AI from becoming detrimental to the economy and society.
Augusto Simões
Corporate, M&A, and Media & Entertainment
Although the AI Legal Framework is still under discussion in Brazil and the innovations and AI systems available are just the tip of the iceberg, the advertising market and brands already need to consider the various existing regulations that apply to the use of AI, whether in the production of an advertising campaign or in their internal processes. The basic recommendation is that AI should always be viewed as a tool, a means, and not an end or a result. Therefore, human intervention is essential to ensure compliance and the responsible and ethical use of AI.
Melissa Kanô
Intellectual Property and Data Protection
The imminent regulatory framework on artificial intelligence represents a crucial moment for all companies developing or using this technology in their operations. The upcoming changes will have a significant impact on how organizations conduct their business. Therefore, it is essential to anticipate and adopt a proactive approach. Promoting the appropriate and responsible use of AI systems not only ensures compliance with future regulations but also strengthens the company’s integrity and reputation. In this context, being prepared and informed is the key to ensuring competitive advantages and protecting long-term interests.
Ana Carolina Cesar
Tax Law
AI brings a new era to corporate tax management. It will not only assist in handling and analyzing large volumes of data but will also be a crucial ally in identifying inconsistencies and exposures in tax declarations. The technology is already being used by tax authorities to cross-check taxpayer data, and with AI now expanding to the general public, taxpayers have the opportunity to refine their systems to avoid penalties for mere clerical errors, which often result in protracted disputes lasting several years.
Felipe Omori
Corporate Law and M&A
AI tools assist corporate law in a range of activities, such as legal auditing processes and the drafting of contracts and corporate documents. The tools used at KLA were selected based on experience and performance, after ensuring data security and confidentiality. The information is utilized by lawyers to guide clients on the best way to conduct negotiations. Thus, AI tools and the collected data are not effective alone without the interpretation of the information. Combining AI with the knowledge and personal experience of lawyers is essential for understanding the business and supporting the client.
Karin Alvo
Partner
Business Management
The use of artificial intelligence in business management is becoming increasingly common, offering a range of advantages that are changing the way companies operate. While the scope is vast, it is important for companies to approach this technology ethically and responsibly. Proper training, data governance, and transparency are critical to ensuring that the benefits of AI are realized without compromising privacy or security. As the technology continues to evolve, effective use of AI will be a crucial differentiator for business success.
Marcelo Doubek
Banking and Financial Law
The viability of Open Finance and its interconnections is strongly anchored in AI innovations. About 900 financial institutions have already shown interest in joining these initiatives, which enhance the efficiency of personal finances for citizens but may encourage anti-competitive practices by financial agents to prevent loss of profitability. Therefore, the new world of open finance will require a system of “assisted self-regulation,” supervised by the Central Bank, which will need to expand its role to prevent AI from becoming detrimental to the economy and society.
