The Management and the Advice of (Un)Explainable AI

Dubovitskaya Elena () and Buchholz Annika ()
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Dubovitskaya Elena: Elena Dubovitskaya is Professor of Civil and Business Law at JLU , Giessen, Germany.
Buchholz Annika: Dr. Annika Buchholz is employed at the Max Planck Institute for Intelligent Systems in Tübingen, Germany.

European Company and Financial Law Review, 2023, vol. 20, issue 5-6, 794-821

Abstract: 794The article addresses the issue that is widely discussed in Germany and other jurisdictions: can the management of a company use AI applications in its decision-making process without violating its fiduciary duties? The lack of transparency in conventional AI applications conflicts with the fiduciary duty to check the plausibility of external expert advice (in Germany known as the ISION principles). This tension can be partly resolved by using explainable AI (XAI). In this work, we review the basic principles of machine learning and XAI and discuss them in the legal context.

Date: 2023
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DOI: 10.1515/ecfr-2023-0033

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