Legaltechs

The legal sector is undertaking a major transformation due to the AI-based systems application. Some tasks that up to now were carried out by lawyers have been automated. The rise of machines able to manage and to implement, in the legal field, practical and theoretical knowledge means that this is becoming a "commodity". In this regard, "legal information" delivered by a "smart" machine become a "good". The provision of automated legal services is usually free of charge, which means that it is not covered by DCD and CRD, unless those services are delivered in exchange for personal data. On the other hand, the supply of this kind of legal services is often a component part of the contract concluded, in which legal services in general are provided. In this case, the distinction between rules applied to digital content or digital services and rules applied to other elements of this overall contract is essential in several aspects, one of them concerns the lack of conformity. At this respect differentiating digital content and digital services from their "legal content", that is, "legal information" deserves particular attention. Moreover, a significant aspect that the DCD and the CRD do not address concerns the information to be provided to the end user about the AI-based system used and the risks that may entail. In this article I suggest that information on computational logic should be regarded, on the one hand, in case of the conclusion of the contract, as a part of the pre-contractual information duties and, on the other hand, in case of a supplier duty of post-market surveillance, as a component of his ex post duties to inform consumers of any change, new risk or circumstances that could affect them. Additionally, specific algorithm failures would be contemplated as a lack of conformity. Consumers face new challenges when dealing with emerging technologies and AI-based systems.