Since the end of the 20th century, the rapid growth of the internet has driven legal changes on both sides of the Atlantic. In the EU, this led to the adoption of the Electronic Commerce Directive 2000, which aimed to bring legal certainty to online services and consumers by providing liability exemptions for intermediary service providers and harmonising rules on transparency and information requirements. Fast forward to 2022, the EU adopted the Digital Services Act (DSA) to keep pace with technological advancements, but it was not drafted with generative AI in mind. IAPP AI Governance Fellow Uzma Chaudhry explores how the application of the DSA to generative AI and platform liability remains uncertain.
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