Expertise

Expertise

Digital responsibility

We bring together what belongs together

In a world where people and machines are in-creasingly interconnected, the challenges for companies are becoming more complex. All stakeholders expect digital products, applica-tions and services to be secure, data-saving, privacy-friendly and transparent - in short, trustworthy . In this context, legal issues must be clarified in the use and commercialization of data. Data law considerations form the basis for this. Moreo-ver, it is a question of responsible handling of data and algorithmic systems, which must be considered from an ethical perspective. The combination of both perspectives results in the assumption of digital responsibility..

Digital responsibility thus provides answers to both the ethical and legal issues of our digital world. We at b.yond, jointly launched by the Institute for Digital Transformation in Healthcare and the business law firm ARQIS, have therefore specialized in consulting services within the large intersections of digital ethics and law. Together with our clients, we explore the ethical dimensions of digital business models and thus accompany you on the path of digital responsi-bility.

Data.Law & Digital Ethics

Why is digital responsibility relevant?

The immense potential of digital technologies and data-based business models has long been part of corporate strategic planning and its im-plementation. As digitization matures, strategic questions arise that involve both legal and ethi-cal aspects:

  • How can data be effectively monetized while protecting the privacy of users?
  • What are the requirements for data-ecosystems in which data is made usa-ble between participants?
  • What should be considered for automat-ed decision support or decision making tools whose algorithms are not trans-parent?
  • What responsibility do I bear as a plat-form operator if I do not own the trading object myself?
  • What risks arise for me if I am dependent on digital services provided by third parties?

These and other questions address legal chal-lenges, but most of them have not yet been clarified in regulatory terms. Their ethical impli-cations require careful consideration in order to ensure the sustainability of companies.

What are the benefits of digital responsibility?

With the help of our digital & trusted consulting approach, companies secure their future viability and compliance. It integrates a broad range of targeted services designed to identify, docu-ment and minimize digital risks and build trust. By committing themselves to digital-ethical val-ues and measures, companies specifically set themselves apart from their competitors and achieve a competitive advantage. This has a signal effect both internally and externally. In addition, with the digital & trusted approach, companies are anticipating future regulations that are already being prepared today at the political level, as part of the EU data strategy and by the German federal government.

Areas of expertise

Data.Law
Digital ethics

In data law as part of a digital responsibility, the burning questions must be considered holistical-ly and across legal fields:

Increased requirements for cybersecurity and IT- and data security are among the more stringent compliance obligations of business managers. In the event of violations of data protection law for personal data (General Data Protection Reg-ulation, GDPR/Federal Data Protection Act), companies are threatened with fines and data-related legal protection proceedings (data priva-cy litigation) by authorities, but also initiated by competitors and consumer associations.

In addition, there are new legal issues in the use and commercialization of data, e.g. in the con-text of big data, AI robotics and networked data structures in digital ecosystems like the Europe-an GAIA-X. Who owns data, who is allowed to participate in the commercialization of data? How are data assets reflected in corporate bal-ance sheets? What other data-related legal obli-gations can companies expect in the future?

Digital ethics helps to find an appropriate way of dealing with new technologies and their ef-fects in a rapidly modernizing society with its numerous digital devices and applications. People are empowered to recognize and antici-pate the risks of digitality. As such, digital eth-ics is an integral part of corporate digital re-sponsibility. 

The importance of ethical issues in the context of digital technologies and business models has grown in recent years. Rapid advances in the areas of so-called artificial intelligence (AI), for example, in connection with automatic facial recognition or autonomous driving - are driving the debate. While legislation cannot keep up with this speed, politics, society, science and industry are already working on the topic from different angles.

For companies, this raises numerous questions that influence the design of future-proof digital business models: How can algorithms be used for automated decision making without violating human autonomy? How does one decide wheth-er to include publicly available data sets when it is not clear how this data was obtained? How do you responsibly use digital technologies for which there are no standards yet? And when will Germany follow Denmark's example and intro-duce reporting requirements on companies' data ethics strategy?

Ethics do not merge into law. Not every detail that is ethically relevant can and should be legal-ly regulated. Conversely, there are aspects of legal regulation that are pragmatic in nature and not ethically compelling.

Data Ethics Commission of the German Federal GovernmentReport of the Data Ethics Commission, p.41

Ethics do not merge into law. Not every detail that is ethically relevant can and should be legal-ly regulated. Conversely, there are aspects of legal regulation that are pragmatic in nature and not ethically compelling.

Data Ethics Commission of the German Federal GovernmentReport of the Data Ethics Commission, p.41