In recent years, artificial intelligence (AI) has become one of the fastest-growing technologies, creating far-reaching changes in many fields such as business, finance, healthcare, education, and e-commerce. However, along with the great potential that AI brings, businesses also face many complex legal issues related to intellectual property rights, personal data protection, liability when AI systems cause damage, as well as compliance with domestic and international legal regulations. In the context of the increasing demand for in-depth legal advice in the field of artificial intelligence, HM&P Law Firm ("HM&P") provides AI legal services with a comprehensive approach, combining legal understanding and technology application practices to support businesses in the development and application of AI safely, transparently and in compliance with the law.
Legal issues that arise when businesses deploy AI
The development and application of AI in business activities is not only a technological issue but also raises many important legal questions. In fact, businesses may encounter problems such as:
- Ownership of content, data, or products generated by AI systems;
- Obligation to protect personal data when AI collects and processes large amounts of data;
- Liability when AI systems make wrong or damaging decisions;
- Obligation to comply with legal regulations related to technology, data and cybersecurity in Vietnam as well as international regulations when deploying AI on a global scale;
- Accurately determine the role of businesses in the value chain of AI systems (such as developers, suppliers, implementers, or users), thereby applying the corresponding legal obligations.
In addition, the development and exploitation of AI systems are often associated with technology contracts, software transfers, or system development collaborations. Due to the peculiarities of AI technology – which are complex software systems based on data and algorithms – the development of appropriate contractual clauses to allocate risks and liabilities between parties is a particularly important requirement.
Managing Partner Nguyen Van Phuc said: "Because of the complexity and novelty of AI and the AI legal framework in Vietnam, the involvement of lawyers right from the design and implementation stage of AI projects can help businesses identify legal risks early and build appropriate governance mechanisms."
HM&P AI legal services
Based on the practical needs of businesses in the digital economy era, HM&P provides legal services related to AI with a wide range of advice, including:
1. Consulting on legal framework and compliance in AI development and application:
HM&P assists businesses in identifying and assessing legal obligations arising from the development or application of AI systems in their business operations. The content of the consultation may include:
- Analyzing domestic and international legal regulations related to the research, development and implementation of AI systems;
- Assessing legal risks when businesses use AI in fields such as: recruitment, human resources, healthcare, finance, e-commerce, marketing, data analysis or process automation;
- Consulting on building an internal governance mechanism to ensure the use of AI is transparent, controlled and in accordance with legal standards.
2. Consulting on data and privacy issues in AI systems:
AI typically works based on collecting, processing, and analyzing large volumes of data. As a result, AI systems can incur a variety of legal obligations related to data protection and privacy. HM&P supports businesses:
- Reviewing the collection, storage and processing of data for the training and operation of AI systems;
- Consulting on building data management processes in accordance with the law;
- Assessing the legal risks that arise when AI systems process personal or sensitive data;
- Supporting the development of internal policies to ensure that the use of data in AI is carried out legally and transparently.
3. Consulting on intellectual property rights related to AI technology:
In the process of developing and exploiting AI, businesses may arise many legal issues related to intellectual property rights to algorithms, software, data, and AI-generated products. HM&P provides consulting services to:
- Identifying the owner of software, algorithms, and databases used in AI systems;
- Consulting on the protection of intellectual property rights for AI technologies or solutions developed by enterprises;
- Assessing the legal risks of using third-party data or content to train AI systems;
- Assisting in resolving disputes related to intellectual property rights in AI projects.
4. Drafting and reviewing contracts related to AI development and deployment:
The development and deployment of AI systems is often associated with many technology transactions and commercial contracts. HM&P assists you in developing and reviewing legal agreements to ensure a fair allocation of risk between parties, including:
- AI system development contracts;
- Contracts for the provision of AI software or solutions;
- Technology licensing or data licensing contracts;
- AI research and development cooperation contract;
- Agreements related to data ownership and mining in AI projects.
5. Liability consulting, risk management, and dispute resolution related to the use of AI: In the case of AI systems that make automated decisions or assist in decision-making, businesses may face many liability-related issues. HM&P supports customers:
- Assessing the legal risks of using AI in business activities;
- Determining the liability between stakeholders such as technology developers, service providers, and businesses using AI systems;
- Advising on legal measures to minimize risks arising from the operation of AI systems;
- Consulting on compliance with transparency obligations for generative AI, including labeling AI-generated content (such as text, images, audio), notifying users when they are interacting directly with AI systems (e.g., chatbots), or notifying customers when businesses use AI in the process of providing products, services;
- Representing and defending the interests of customers in disputes related to the use of AI, including disputes arising from AI generating content that infringes intellectual property rights, the processing or disclosure of personal data, or cases where AI-provided information or recommendations cause damage to customers or third parties.
6. AI governance consulting and internal policy development: In addition to legal requirements, the application of AI is increasingly associated with ethical and responsible issues in the use of technology. HM&P assists businesses in designing and drafting internal AI use guidelines and policies to:
- Ensuring that the AI system is used transparently and in a controlled manner;
- Limiting the risks associated with algorithmic bias or automated decision-making;
- Building an AI governance mechanism in accordance with international standards;
- Using the tool safely, avoiding the disclosure of important data, business secrets, and customer information.
In addition, HM&P also provides training programs to raise legal awareness for businesses about the risks and legal obligations of developing and applying AI, helping management and engineering teams better understand compliance requirements in this new technology area.
AI is opening up tremendous opportunities for businesses to innovate, optimize processes, and improve competitiveness. However, the effective exploitation of this technology requires businesses not only to invest in technology but also to build a solid legal foundation. With experience in the fields of technology, intellectual property, data and dispute resolution law, HM&P is ready to accompany businesses in identifying risks, building compliance strategies, and developing AI projects in a sustainable, safe and consistent manner with national and international legal standards.
For more information about our services, please contact:
HM&P Law Firm
- Address: 7th Floor, ITAXA Building, 126 Nguyen Thi Minh Khai, Xuan Hoa Ward, HCMC
- Phone: +84 28 73080839
- Email: counsel@hmplaw.vn
- Website: https://hmplaw.vn/
Please download the PDF version of AI legal services for businesses in Vietnam HERE
