الخلاصة:
This thesis discusses a very modern and complex topic: Artificial Intelligence and Its Impact on Business Law, with special focus on the Algerian legal context and difficulties it faces in regulating new technologies.
The world has witnessed a revolutionary shift in artificial intelligence (AI) technologies over the last two years, affecting nearly every sector, especially business and commerce. AI has become among the top drivers of digital transformation, transforming commercial transactions to be conducted in smart contracts, big data handling, customer service automation, or market research.
Despite such rapid progress, the Algerian legal system falls behind in an attempt to keep pace with these developments. As of yet, there are no clear and extensive provisions of law that regulate civil liability for the actions of AI, provide safe digital contracts, or provide adequate protection of personal data.
The thesis has two main chapters:
Chapter One: The Legal Framework of Business Law in Algeria and the Impact of Modern Technology
This chapter explains business law under Ordinance 75-59, its basic principles, and its interaction with current technologies such as AI and electronic contracting in terms of their impact on Algeria's business landscape.
Chapter Two: Legal Questions Raised by the Use of AI in Business
This chapter examines the legal questions confronting Algerian legislators, such as:
The issue of civil liability where damage is inflicted by AI.
The legal void concerning protection of personal data in the digital space.
The imperative need to develop new legislation in accordance with international standards and the preservation of Algerian legal identity.
Conclusions:
Current legislation is insufficient to regulate AI in business settings.
Algerian law has no significant provisions for legal obligations regarding AI.
There are no precedents to facilitate the development of harmonized legal interpretation.
Comparative legal models (USA, EU) offer rich sources for reform.
Recommendations:
Sensory adoption of specialized legal frameworks for AI in business.
Law definitions must evolve to counteract digital economy and smart contracts.
Enforce strict personal data protection with clear liability standards.
Encourage solutions like online arbitration and electronic conflict resolution
Keyword Expanded Explanation
Artificial Intelligence (AI) encompasses human intelligence imitation by machines or computer systems, capable of learning, decision-making, and problem-solving. Includes fields like machine learning, neural networks, and computer vision.
Business Law A branch of private law that addresses commercial transactions and trader relationships, e.g., company law, contracts, bankruptcy, and intellectual property.
Civil Liability
A court liability to compensate for harm inflicted on another person or entity. In AI, the question is: who will be accountable if harm occurs as a result of an autonomous system?
Electronic Contracts
Contracts that are made and executed through electronic channels such as sites, email, or apps. Smart contracts fall within this category and execute automatically based on code.
Data Protection
The legal and technical measures to ensure that individuals' personal information is not misused, especially relevant as AI systems record vast amounts of data.
Smart Contracts
Computer programs with contracts written into them, typically deployed on blockchain systems. They implement terms automatically after certain conditions have been met.
Digital Transformation
The shift from traditional business models to technology-driven systems that leverage AI, data, and automation.
Big Data
Extremely large data sets computed to reveal patterns and trends. AI systems compute this information to decide and forecast.
Comparative Legislation
Comparison of the foreign legal systems (i.e., the EU or U.S.) to inform national legal reform and adopt best practice.
Digital Commercial Transactions
Commercial transactions on the internet, including buying, selling, payments, and services. Requires a strong legal system to ensure trust and equity