Apply applicable law and OECD guidance: Which approach is most defensible?
Apply binding German and EU law, supplemented by OECD responsible-governance guidance.
The question
A logistics company in Germany uses an AI scheduler to assign drivers. German and applicable EU law govern the deployment, and the board requests responsible-governance guidance. Which approach is most defensible?
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- Use domestic law aloneThis omits applicable EU obligations and the additional responsible-governance guidance supplied by the OECD principles.
- Use OECD guidance to set internal governance goalsInternal goals based on OECD guidance can be useful, but this option does not require complying with applicable German and EU law.
- Use OECD principles as a substitute for legal complianceOECD principles guide responsible stewardship but do not replace German or EU legal requirements or create a universal approval scheme.
- Apply applicable law and OECD guidance ✓Binding German and applicable EU obligations govern the deployment, while OECD principles add guidance for responsible stewardship.
The trap
Use principles-based guidance alongside, never instead of, the law governing the deployment. How to remember it
Apply binding German and EU law, supplemented by OECD responsible-governance guidance.
How many of these would you get right?
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