Corporate Liability and Legal Measures for Risk Management in the Use of Generative Artificial Intelligence

Abstract

This article analyses the legal liability of business organisations
arising from the use of generative artificial intelligence (Generative AI) in content creation, and proposes legal risk management measures. The study examines the currently applicable Thai legal framework, in
comparison with European Union law and judicial precedents of the
United States and the United Kingdom. The study finds that Generative
AI holds the status of a mere object of rights, incapable of bearing legal
liability itself; liability therefore always rests with the humans and juristic
persons involved. Legal risks may be classified into input-stage risks including personal data protection, professional confidentiality, and copyright in data mining; and output-stage risks including copyright in
generated works and contractual liability, false content and deepfake
technology, consumer protection, and algorithmic bias. The article proposes that business organisations should implement risk management measures across all three stages of the risk management lifecycle including ex-ante preventive measures, in-process control measures, and ex-post remedial measures, in order to reduce the likelihood of harm and limit the scope of liability under both current and forthcoming law.