Private International Law and Artificial Intelligence: An EU Perspective

This article bridges artificial intelligence (AI) and EU private international law (PIL), also known as ‘conflict of laws’. PIL is the body of (usually domestic or regional) rules that determine which country’s law applies to cross-border private legal relationships, such as contracts or torts. The article will start by bringing EU PIL to bear on the application of AI in cross-border settings. To that aim, it will first evaluate whether the current framework is up to the task of determining what country’s law is applicable to claims (with an emphasis on liability claims) arising out of private applications of AI systems. Then, the article will turn to discuss a recent proposal of the European Parliament for a bespoke future Regulation concerning civil liability for AI systems, including a novel rule of PIL. Finally, the enquiry will switch perspective by outlining how AI can facilitate the application of often complex rules of EU PIL in practice.