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‘When AI is embraced and used correctly, it can be transformative’
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Working at the forefront of technology law, Marie McGinley, Partner and Head of Intellectual Property, Technology and Data Protection at Eversheds Sutherland Ireland, shares some wisdom from guiding clients through an ever-evolving legal landscape, including the risks and benefits of AI for everyday tech users.
“I was always fascinated by technology,” Marie McGinley says, recalling an early interest in gadgets and innovation that eventually blossomed into a career. During her legal studies, a module in technology and intellectual property law piqued her interest, and her first experience as a trainee in a law firm’s intellectual property, technology, and data protection team sealed her professional fate.
What sets technology law apart for McGinley is its sheer breadth and diversity. The field touches almost every sector, from manufacturing to food and beverage, real estate to financial services, healthcare to entertainment, and governmental sectors. “No two days are the same for me,” she says, “and I like a bit of a challenge”.
With a variety of clients across sectors, each with differing levels of technological maturity, all cases require a tailored approach, and McGinley thrives on this. For this Eversheds Sutherland partner, the legal profession is fundamentally about people-building rapport, understanding their needs, and supporting them through complex, and sometimes stressful, projects. “When they succeed, we succeed,” she says simply.
Career milestones
One of her most memorable cases was an incident response for a multi-million euro cyber attack. This case not only demanded technical and legal expertise, but also empathy and clear communication with the client, its relevant service providers, and its internal stakeholders.
“You need to have compassion to support the individuals you’re working with, because it’s probably one of the most stressful scenarios for any organisation,” she says. Managing the crisis meant engaging with regulators, authorities, and the press, all while ensuring transparency and support for those affected.
Another milestone was guiding clients through the introduction of the General Data Protection Regulation (GDPR) in 2018. “For me, it was both a professional and personal achievement to actually navigate its introduction. Although I had always worked in the area and understood its origination and application, this was a new piece of legislation that effectively required a significant cultural shift within organisations when it came to data protection.”
“GDPR was different because it wasn’t focused on one client or one sector; it was every client, in every sector – basically anyone that processed personal data. Part of what we had to do was work with our clients to map out how this radical new legislation would apply to them, based on their individual circumstances and exactly how they used personal data; all the while seeking to understand the risk appetite for that particular client. It wasn’t one-size-fits-all.”
Most recently, the convergence of technology law and consumer legislation in Ireland has brought fresh challenges, particularly as McGinley finds herself looking at issues from two sides. “It puts me in a unique position where I’m supporting clients in delivering what they need to deliver from a legal perspective, but I’m also a consumer of many of these products and services as well. So, you’re looking at it from both sides of the same coin, and I suppose this dynamic intersection of the two areas really showcases how adaptable technology must be.”
Challenges for everyday tech users
As anyone who’s online knows, change is constant. McGinley offers plenty of advice for everyday tech users, and lists four main threats: cybersecurity, privacy concerns, online harassment, bullying and abuse, and consumer protection. Each of these threats, she says, has its own unique issues.
The first is particularly prominent. “Cybersecurity threats are probably one of the biggest issues we’re encountering. I’m seeing it from a personal perspective, as well as our clients seeing it on a day-to-day basis. So, you’ll have hacking, phishing, malware, and ransomware. This threat not only threatens your own personal, sensitive information, but it also threatens to disrupt your business. It could have a significant impact on your own personal credibility. It has a major legal and financial impact, not only for the organisation but also if a user is impacted.”
Service providers, regulators and authorities are grappling to see what the best solution is that we can use to eliminate these threats, but McGinley is realistic. “Unfortunately, I think we’re in a world where these threats can never be eliminated, but what we can do is seek to minimise them as much as we can.”
McGinley emphasises the importance of education and proactive measures. “From a client perspective, we’re working to ensure that their software and devices are consistently updated, that they’re patching, and that they are maintaining a clear monitor of the threats that they may be having.”
“We’re also working with our clients to seek to educate their users, to identify these threats and minimise the risks to its users. And I think that’s critical, because that’s you and me, that’s each and every one of us that uses technology. We need to be able to protect ourselves as much as turning to service providers to protect us, and it’s about ensuring that we can provide the best protection as far as we can.”
When AI is embraced and used correctly, it can be transformative.
When it comes to consumer protection, online harassment, and abuse, McGinley says it’s about educating individuals, especially children. “Many technology providers now are focusing on this, and I think it’s so important. We have to remember that we’re in this new digital world. We need to help teenagers navigate the risks, and identify what’s real and what’s not.”
“I’m so glad to see it, because it introduces this whole ethical element into the technology provision, which I think is critical in today’s world.” So, in addition to working with tech providers to report abuse and block unidentified users, she encourages parents to teach their children and teenagers acceptable and unacceptable behaviour. “But irrespective of what we do to teach them and to protect them, we need the technology providers to help.”
Privacy concerns also continue to be central, and McGinley adds that since GDPR was introduced, more people are aware of their privacy rights. “I think that is fantastic because it introduces an element of personal responsibility. People are more concerned about where their information goes; who has what, where it is, and what is being done with it. People now have the knowledge to allow them to control their data, and the legislation is there to support that position.”
AI impact
McGinley acknowledges that although there is fear and risks around AI adoption, she believes that there is a huge amount of opportunity. “When it’s embraced and used correctly, it can be transformative.”
She has seen this first-hand with her clients, particularly in the healthcare sector. “AI is advancing healthcare beyond recognition when it comes to diagnostics and treatment solutions. The ability to provide those advancements to patients is phenomenal.”
The team is currently busy helping clients navigate internal requirements around the EU AI Act, ensuring that any AI they use is fully aligned and fully compliant. “We’re also working with our technology clients as part of the development of AI solutions, and being at the forefront with our clients on that development is phenomenal, to be honest.”
“It really gives you an insight into the exciting advancements, many of which have not actually reached the market yet. So, we’re working hand-in-glove with our clients to bring these to market.”
Data protection and security remain the key legal concerns around the widespread adoption of AI. “AI is not new as such. Though it’s become more prominent in the last number of years, it’s something we’ve often been grappling with, from a data protection law perspective, for years.”
Helping clients handle data is key to Evershed Sutherland’s AI advisory, but it’s not the only concern. “We help clients ensure that they are collecting, storing and using data responsibly. And the same goes for intellectual property rights, because AI systems generate content, they generate solutions, they generate connect determinations, and so on. There’s a complex legal framework there to identify and navigate the challenges involved in relation to intellectual property creators and ownership, and so on.”
But if AI is creating content, who is responsible for it? Who is liable and accountable for it? “Once again, you need to make sure that you’re working with your clients to ensure that they’re on top of their AI solutions,” McGinley explains.
“But then, from a user perspective, let’s say you need to work with them and identify what the risks are, if it causes harm, if there’s a faulty decision, like, who is responsible? Is it the developer? The user? The AI itself? Once again, it’s not one-size-fits-all, from a legal perspective with technology, and I think this is why it’s such an exciting area.”
AI ethics is another area McGinley is passionate about. “It’s one of the things that I think is very welcome with the EU AI act, and actually with the introduction of AI generally.”
“We’re seeing a lot of leading technology providers in this area focus on it, and it’s the whole ethical element of ethical use of AI and educating both their colleagues internally, but also the users on how to use it in an ethical manner.”
Developing AI, and ensuring it’s fair, transparent, and free from bias is essential, and thankfully, the EU AI Act supports this. “I think that’s so important because it’s the future. We need to ensure that there is that ethical element to it. We’ve got all the legislation to support us, but really having that undertone of ethics as a foundation of the legislation is hugely, hugely beneficial.”
The heart of McGinley’s practice is a commitment to human-centred law. Though the ever-changing nature of technology law demands adaptability, she insists that empathy and engagement are just as vital.
Empathic leadership
Really, the heart of McGinley’s practice is a commitment to human-centred law. Though the ever-changing nature of technology law demands adaptability, she insists that empathy and engagement are just as vital. For McGinley, the law is not just about compliance or risk management, but about supporting people, be they clients, users, or customers, through the complexities of the digital age.
McGinley’s advice for someone considering a career in technology law is to be inquisitive and immerse themselves in understanding both legal principles and how technology works. Staying up to date with developments and embracing lifelong learning are also both essential, as technology law is constantly evolving.
“Networking is really important,” she adds. “The reason I emphasise networking is, regardless of your profession, it’s essential to have a network to support you personally, professionally and also in your career development.”
“Within that network, you’ll find peers in the same position as you and others at different stages, allowing you to learn from each other. This helps you become a more well-rounded individual, as hearing different perspectives is crucial.”
If you have an interest in finding out more about a firm whose people live its values, are purposeful, purpose-led, and support their communities, discover more at Eversheds Sutherland’s website.
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