AI Meets GDPR: Mitigating Risks and Scaling Compliance in the Development and Deployment of AI Models

The European Data Protection Board opinion 28/2024 (Opinion), on the processing of personal data in the context of AI models, conveys a clear message that entities developing and deploying these models need to take a proactive, risk-based approach to data protection. Companies subject to the GDPR, as well as emerging regulations in various U.S. jurisdictions, face challenges in complying with ever complex layers of legal requirements. This second article in a two-part series covering the Opinion offers best practices for controllers when processing personal data in the context of AI development and deployment, suggests strategies for navigating the regulatory landscape, and examines the Opinion’s impact in the broader AI and privacy legal arena. It includes practical insights from A&O Shearman, Bird & Bird, McDermott Will & Emery, Morrison Foerster and Steptoe. Part one discussed significant elements of the Opinion and its implications for entities subject to the GDPR. See “AI Governance: Striking the Balance Between Innovation, Ethics and Accountability” (Feb. 12, 2025).

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