Hogan Lovells Germany: Impulses for the EU Digital Transformation

In the context of the AI Act, the Data Act and other pieces of digital regulation in Europe, the Summit’s discussion revolved around questions such as: Will digital regulation need to be trimmed down? What position will the European Commission take? What type of legal guardrails will be maintained in any event? Questions of technology transfer and creative ways to deal with merger control restriction for digital business also kept the attention of participants. 

Here are a few bite-sized key takeaways from a day filled with forward-looking insights. 

Emerging & frontier technologies 

The rapid advancement of artificial intelligence, autonomous systems and robots are reshaping business operations and the global economy alike - and presents Europe with new challenges in its regulatory and legal frameworks. As these groundbreaking technologies evolve, they require businesses and legal professionals to adopt a proactive and forward-thinking approach.

AI agents are transforming industries from manufacturing to finance. Spatial and physical AI, combined with robotics, are enabling real-time interaction with environments and automating complex processes. Quantum technologies are poised to enhance computational power and secure communication.

For legal professionals, staying ahead of these developments is critical. By understanding and shaping the evolving legal landscape, they can help businesses navigate the risks and opportunities these technologies present. 

Strategic AI governance 

Starts with Data AI governance frameworks are only effective if companies build them on a solid data governance strategy. Defining clear responsibilities for data collection, management, and usage is essential – without proper data structures, any AI governance model will fail. 

Clarifying roles and responsibilities is critical 

As AI tools become increasingly integrated into business processes, companies must clearly define internal responsibilities across departments. This is particularly important when human oversight is required for high-risk AI applications. 

IP risks: Protecting AI outputs and training data 

AI is fundamentally changing the way intellectual property is created and protected. Companies need to assess both the protectability of AI-generated outputs and the potential infringement risks from using third-party data for training AI models. 

Liability risks in the age of AI 

The integration of AI into products and services raises new liability questions. Companies should proactively address risks arising from autonomous decision-making by machines and build appropriate safeguards into their AI-driven offerings. 

Navigating HR compliance with AI tools 

AI-driven tools in HR (e.g., for recruitment or performance evaluation) must meet high standards of transparency, fairness, and non-discrimination. Companies need to ensure that human oversight remains in place and that employees understand how AI tools impact decision-making. 

Establishing AI risk management frameworks 

Setting up an effective AI risk management framework requires more than technical controls. Companies should implement interdisciplinary governance structures, ensuring legal, compliance, data, and IT teams collaborate closely on AI deployment. 

Preparing for regulatory scrutiny 

AI use will increasingly attract attention from regulators – not only under the EU AI Act, but also in data protection, IP, product liability, and employment law. Companies must be ready to demonstrate transparency, accountability, and compliance across all relevant legal areas. 

Building trust through transparency and responsible AI 

Ultimately, trust is the key success factor for AI adoption. Companies that create clear policies, communicate openly about their AI use, and embed ethical principles into their AI strategies will be best positioned to meet regulatory expectations and gain stakeholder confidence. 

Next Steps

As digital transformation accelerates, regulation and innovation will increasingly go hand in hand. The Hogan Lovells Digital Transformation & Law Summit 2025 demonstrated how organizations can turn regulatory complexity into a strategic advantage by building resilient, data-driven, and future-ready business models.

Authored by Dr Leopold von Gerlach and Dr Marcus Schreibauer.