Legal Liability in the Case of Automated Decisions based on Artificial Intelligence

Abstract

In this highly controversial era, questions arise regarding the future of legal liability in a world governed by algorithms rather than by consciousness, morality, or ethics. Artificial intelligence is far more than a mere tool; it is increasingly becoming a decision‑making factor in key fields such as justice, healthcare, and finance. This reality raises, as a matter of priority, the pressing question of how liability is engaged when the algorithm is the one making the decision. Today, digitalization and automation are unavoidable, which makes it vital to create a well‑defined and structured legal framework that expressly regulates the attribution of legal responsibility in such situations, as well as the corresponding sanctions. This paper addresses legislative and doctrinal challenges arising from the lack of clear regulation regarding the attribution of responsibility, analyzing the major legislative gaps at the European level—from the GDPR to the AI Act—and raising the issue of a possible “legal personality” for AI systems.