ANALYSIS

New Risk Areas for Companies in the Age of Artificial Intelligence
As artificial intelligence transforms business operations, it also creates new legal obligations and emerging areas of risk for companies.

In this new era, competitive advantage depends not only on adopting AI technologies effectively, but also on establishing robust legal compliance and comprehensive risk management frameworks.
10 November 2025
Reading Time: 7 min
1. Summary
Artificial intelligence is fundamentally transforming the way companies operate through data processing, algorithmic decision-making, automation, content generation and autonomous systems.

Anticipating the legal risks arising from this transformation, ensuring regulatory compliance and managing those risks effectively are essential for sustainable growth.

Legal foresight reduces risk.
Strategic compliance creates value.
2. The Realities of the New Era
  • Artificial Intelligence Systems Are Now Part of Decision-Making Processes
  • Data Has Become the Most Valuable Asset
  • Is Your Legal Framework Complete?
  • Expectations for Transparency, Accountability and Ethical Use Are Increasing
  • The Companies That Will Lead the Future Are Not Those That Simply Use Technology, but Those That Govern It Effectively
3. New Risk Areas for Companies
  • Data Privacy and Security
    • Unlawful Processing of Personal Data
    • Data Breaches and Security Incidents
    • Non-Compliance with KVKK, GDPR and Other Data Protection Regulations
  • Algorithmic Decision-Making and Discrimination
    • Biased or Discriminatory Outcomes Generated by Algorithms
    • Lack of Transparency and Explainability
    • Liability Arising from Unlawful Automated Decision-Making
  • Intellectual Property Risks
    • Ownership of AI-Generated Content
    • Copyright Infringement
    • Use of Unlicensed Data and Content
  • Product and Service Liability
    • Damage Caused by Autonomous Systems
    • Product Safety and Defective Product Liability
    • Allocation of Liability Among Manufacturers, Developers and Users
  • International Compliance and Regulatory Risks
    • Compliance with Artificial Intelligence Regulations Across Multiple Jurisdictions
    • Cross-Border Data Transfers
    • Compliance Costs and Regulatory Sanctions Arising from New AI Regulations
4. Our Legal Solutions and Advisory Areas
  • Risk Assessment
    We assess your AI use cases from a legal perspective and identify potential legal and regulatory risks before they become operational issues.
  • Compliance Strategy
    We develop tailored strategies for regulatory compliance, ethical AI use and corporate governance policies.
  • Contract Management
    We provide legal protection for AI procurement, licensing, data-sharing and service agreements through carefully structured contractual frameworks.
  • Policy and Procedure Development
    We develop policies covering data governance, algorithmic transparency, ethical AI use and information security to support effective compliance and responsible technology management.
  • Training and Awareness
    We provide training for your employees on AI law, data protection and the ethical use of artificial intelligence to strengthen compliance and promote responsible AI practices.
  • Ongoing Advisory
    We continuously monitor regulatory developments and provide ongoing compliance and risk management support to help your organization adapt to evolving legal requirements.
5. Relevant Laws and Regulations
  • KVKK (Turkish Personal Data Protection Law)
  • GDPR (General Data Protection Regulation)
  • AI Act (European Union Artificial Intelligence Act)
  • Intellectual Property Legislation
  • Turkish Code of Obligations and Product Liability Legislation
  • Sector-Specific Regulations and International Standards
6. Case Studies
  • AI-Assisted Pricing and Subsequent Competition Investigation
    Case 01
    An international technology company implemented an AI-powered dynamic pricing system to optimize product prices across multiple markets.

    The system automatically adjusted prices by analyzing competitors’ pricing, customer behavior, inventory levels and market conditions.

    Initially, the company experienced increased sales and improved profitability. However, concerns later emerged that certain customer groups had been offered different prices and that the algorithm had produced outcomes capable of restricting competition in specific markets.

    Following an investigation by the relevant regulatory authority, the company struggled to explain how the algorithmic decisions had been made, incurred substantial legal defense costs and suffered significant reputational damage.

    Key Risk: The issue was not the use of artificial intelligence itself. The problem was that the algorithmic decision-making process had not been assessed in advance from the perspectives of competition law and legal compliance.
  • Personal Data Breach and AI Training Risk
    Case 02
    A customer service company implemented an AI-based system to analyze call recordings and customer communications.

    The objective was to improve customer experience and increase operational efficiency.
    However, it was later discovered that the datasets used to train the system had not been sufficiently anonymized and that certain personal data had been processed without explicit consent or another valid legal basis.

    Following complaints from customers, the data protection authority initiated an investigation, audited the company’s data processing activities and considered a range of regulatory sanctions.

    In addition, customers brought claims seeking both material damages and compensation for non-pecuniary harm.

    Key Risk: The issue was not the use of artificial intelligence. The problem was the failure to assess whether the data used to train the AI system had been collected and processed in compliance with applicable data protection laws.
  • Copyright Issues in AI-Generated Content
    Case 03
    A media and content company began using AI-powered image and text generation tools for its marketing activities.

    The AI-generated content quickly achieved high levels of engagement and was distributed across multiple countries.

    However, concerns later arose that certain materials closely resembled copyrighted works created by third parties.

    Following claims brought by rights holders, some of the content was removed from online platforms, the company faced licensing and copyright demands, and legal proceedings were initiated in multiple jurisdictions.

    The company was also exposed to contractual liability toward its own clients.

    Key Risk: The issue was not the use of artificial intelligence to generate content. The problem was the failure to properly review and assess the content for intellectual property and copyright compliance before publication.
  • AI in Recruitment and the Risk of Discrimination
    Case 04
    A rapidly growing company began using an AI-powered screening system to evaluate résumés because it received thousands of job applications each year.

    The system automatically ranked candidates by analyzing their educational background, years of experience, industry expertise and historical recruitment data.

    Initially, recruitment became significantly faster and human resources costs declined.
    Over time, however, concerns emerged that applicants from certain age groups, graduates of particular universities and female candidates were consistently receiving lower scores.

    Subsequent reviews revealed that the algorithm had learned from historical hiring data and had begun reproducing biases embedded in previous recruitment decisions.

    The company faced allegations of discrimination, its recruitment practices became the subject of regulatory scrutiny and it suffered substantial reputational damage.

    Key Risk: The issue was not the use of artificial intelligence in recruitment. The problem was the failure to regularly audit the algorithm’s outcomes and assess whether its decisions produced discriminatory effects.
  • AI-Assisted Healthcare Decision-Making and Liability Risk
    Case 05
    A healthcare provider implemented an AI-assisted clinical decision support system to analyze medical imaging results. The system performed an initial assessment of radiological images and generated diagnostic recommendations for physicians.
    In one case, a finding classified by the system as low risk was later diagnosed as a serious medical condition.

    The patient subsequently initiated legal proceedings, alleging that the delayed diagnosis had caused significant harm.

    The central legal question became:
    • Who is legally responsible?
    • The physician?
    • The hospital?
    • The software developer?
    • The AI system provider?
    Cases of this nature are expected to become one of the most significant areas of debate in healthcare law as artificial intelligence becomes increasingly integrated into clinical practice.

    Key Risk: The issue was not the use of artificial intelligence to assist medical diagnosis. The problem was the failure to clearly define the limits of human oversight and the allocation of legal responsibility among the parties involved.
  • Autonomous Systems and Product Liability Risk
    Case 06
    A technology company developed an AI-powered autonomous warehouse management system. The system was designed to manage the movement, classification and shipment of goods without direct human intervention.

    Due to a software error, the system made incorrect operational decisions, resulting in substantial losses involving high-value products. The customer subsequently filed a claim for damages against the company.

    At this stage, a critical legal question arose:
    • Who is responsible for the loss?
    • The software developer?
    • The hardware manufacturer?
    • The company operating the system?
    • Or all parties jointly?
    As the use of autonomous systems expands, disputes of this nature are expected to become one of the central issues in the legal regulation of artificial intelligence.

    Key Risk: The issue was not the deployment of autonomous systems. The problem was the failure to define error scenarios, allocate legal responsibility and establish contractual risk-sharing mechanisms before the system entered operation.
7. Aetra Legal Perspective
Artificial intelligence presents significant opportunities for companies, but it also creates new areas of legal risk relating to data use, intellectual property, product liability and regulatory compliance.

Many of these risks arise not from the technology itself, but from the absence of a well-designed legal framework governing its use. For this reason, AI initiatives should be assessed not only from a technical perspective, but also through the lenses of law, governance and corporate risk management.

At Aetra Legal, we advise on the legal aspects of artificial intelligence by addressing data protection, contractual frameworks, intellectual property, regulatory compliance and enterprise risk management as part of an integrated strategy. Our objective is to help companies implement AI technologies within a secure, compliant and sustainable legal framework.
8.Conclusion
Artificial intelligence is transforming the business world while simultaneously expanding the legal responsibilities of companies. In this new era, success depends not only on investing in technology, but also on ensuring data security, transparency, regulatory compliance and effective risk management.

Artificial intelligence is no longer a matter of the future. It is a defining feature of today’s business environment. Companies must therefore support their technological investments with a strong legal framework, sound governance and proactive risk management.

The organizations that will shape the future will not simply be those that adopt artificial intelligence, but those that govern it responsibly, manage its risks effectively and integrate innovation with long-term legal and strategic resilience.
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