THE BLACK BOX: BALANCING TRADE SECRETS PROTECTION WITH DATASUBJECTS IN CROSS-BORDER AI DEVELOPMENT

In our 2nd Issue of the Uganda Privacy Digest, we explore a timely and interesting topic, “The Black Box: Balancing Trade Secrets Protection with Data Subjects in Cross-Border AI Development” by Doreen Mutonyi.

She highlights that the current legal landscape at the intersection of Artificial Intelligence, Intellectual Property rights, and data privacy law requires a proactive legal strategy, not merely reactive compliance.

Key considerations include;

🔹Implementing Robust Data Processing Agreements (DPAs) in Contracts

 Contracts must go beyond standard clauses to specifically address AI training, clearly define whether an AI provider acts as a processor or controller, and allocate liability for automated decision-making outcomes.

🔹 Privacy and IP by Design

 AI development lifecycles should document the provenance of training data. This not only helps defend against potential copyright claims but also facilitates compliance with data subject rights, such as enabling efficient data identification and “unlearning.”

As AI systems continue to evolve across borders, legal foresight is no longer optional, it is essential.

📖 Read the full publication below.

THE BLACK BOX BALANCING TRADE SECRETS PROTECTION WITH DATA SUBJECTS IN CROSS-BORDER AI DEV.

Download • 6.29MB