Discussions on the Legal Framework for Artificial Intelligence (PL 21/20)

On March 30, 2022, a committee of 18 legal experts assembled by the Brazilian Senate on February 17 was instated, which was given a deadline of 120 days to draft a replacement for bills that discuss Artificial Intelligence. Currently, Bills 5051/19 and 872/21 have been attached to Bill 21/20.

Bill 21/20’s text is inspired by the recommendation on Artificial Intelligence by the Organization for Economic Co-operation and Development (OECD) and is part of the planning for the Legal Framework for Artificial Intelligence in Brazil, in view of the government’s future actions regarding this topic. The Bill proposes guidelines and principles to govern strategic management, as well as guidelines to be adopted for the development and application of artificial intelligence in Brazil.

The topic is on the agenda in Brazil and should soon be approved. In general, organizations will need to take certain necessary measures to be in compliance with PL 21/20, given that its provisions will come into force 90 days after its publication.

In order to provide an overview on the law, Demarest prepared a guide about PL 21/20, available here. Demarest has also published a Guide to Good Practices in Artificial Intelligence, available here.

 Our team of experts is available to assist you in this matter. Some of the services we offer include:

• Advice on the use of technologies related to the Internet of Things (IoT);
• Advice on Blockchain and Smart Contracts;
• Drafting/Revision of Policies and Manuals, contracts and agreements;
• Data mapping for information quality analysis;
• Assistance with compliance and analysis of frameworks and risks in regulatory trends in Brazil;
• Algorithm governance and Artificial Intelligence;
• Algorithmic auditing and risk and impact mapping;
• Advice on best practices and ethical conduct for AI;
• Advice on Digital Law claims;
• Advice on privacy, security and ethics by design.

Demarest’s Privacy, Technology and Information Security team remains available to provide any further clarifications that may be necessary.