29 September 2021

Chatbots - Legal friendly?


Chatbot technology is based on Artificial Intelligence and Machine Learning taking into account that it complies with all data processing principles and regulations

Nowadays, it is difficult to determine whether a natural person or Chatbot is talking to a customer on a Company's website. And not without a reason.  Companies around the world are looking for ways to improve their customer service culture and Chatbots seems to be an integral part of it. If you still don't know - Chatbot is Artificial Intelligence masterpiece. They are software programs that can simulate a conversation with user in natural language, using for example messaging applications, Company Website or mobile applications. 

There are few types of Chatbots. "Clikbot" - responds to keywords with pre-programmed answers. Other Chatbot version is "Smart Chatbot". This kind of Chatbots is developed with Artificial Intelligence and Machine Learning to understand and respond to a conversation in a human-like manner. 

Personal data is one of main legal issues while using Chatbot technology. During the interaction with their users, Chatbots regularly process personal data. Chatbot "owners" must ensure that the Chatbot complies with all data processing principles and regulations, such as, purpose limitation, security, transparency, proportionality and other. So that everything goes according to plan and in accordance with GDPR regulation, we suggest that you must have a privacy policy in your Company website. This would help you to inform the users about the personal data collection, storage, purposes for using this information and regulation for data transfer to third parties.

Another important legal aspect of the use of such technologies is the possibility of providing false information. Chatbots themselves cannot be liable to the customer, because they do not have their own legal personality. Company which makes Chatbot accessible to the customer is more likely to become liable for the damages and user financial losses caused by receiving incorrect information from Chatbot. Legal risks regarding liability may be reduced by providing regular and accurate Chatbot testing trough random conversations. Companies should ensure internal policies regarding Chatbot monitoring, permitted activities, data collection and processing, as well as all human intervention possibilities.  

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