Developing a harm-based approach to understand digital vulnerability in the era of AI: a perspective of the European Union

The European Union has introduced the AI Act, aimed at establishing a comprehensive framework for regulating AI systems according to the level of risk they pose. This podcast focuses on the ex post dimension of digital vulnerability, identifying four obstacles that hinder individuals from seeking remedies through tort liability: the difficulty in identifying harm, the presence of pure economic loss, the quantification of non-material damage and the issue of federalism. Recognising these four elements provides a basis for reclassifying AI systems based on the nature of harm they may cause. This podcast will be explored through the article ‘Developing a harm-based approach to understand digital vulnerability in the era of AI: a perspective of the European Union’. This article is written by Klaus Heine and Shu Li.