ALI-ELI Principles for a Data Economy presented at the SOLAIR conference 2020


On 10 September Christiane Wendehorst was invited to present the recently completed Preliminary Draft No. 4 of the ALI-ELI Principles for a Data Economy at the SOLAIR conference 2020. Together with the METI Guidelines, which were presented by Japanese experts, the Principles were discussed as a possible approach to tackle the existing legal uncertainty in the data economy.

The SOLAIR conference 2020 hosted a special online workshop titled "Dispute Settlement in the Digital Economy" which was organized jointly by UNCITRAL, Israel, Japan and the Czech Ministry of Industry and Trade. Under the topic of “Legal issues Pertaining to AI and Data” Christiane Wendehorst was invited to present Preliminary Draft No. 4 of the ALI-ELI Principles for a Data Economy.

Other speakers were Shinnosuke Fukuoka and Atsushi Okada, who presented the Japanese Ministry of Economy, Trade and Industry's Contractual Guidelines for the Use of AI and Data (METI Guidelines). Both speakers were involved in the development of the METI Guidelines, which are arguably so far the most helpful approach worldwide with regard to model contract terms for AI and data. The ALI-ELI Principles take a somewhat different perspective, providing also guidance to courts, tribunals and legislators as to how to deal with incomplete agreeements and to shape the emerging body of data law. The ALI-ELI Principles and the METI Guidelines are thus complementary, rather than competing, approaches to important legal issues that arise in the data economy.

After having finished Preliminary Draft No. 4, the Project Chairs Lord John Thomas and Steven O’ Weise and Project Reporters Neil Cohen and Christiane Wendehorst are looking forward to preparing Tentative Draft No.2, which will be submitted to the ALI Council this autumn for its meeting in January.