THE USE OF ARTIFICIAL INTELLIGENCE IN TRAVEL the GDPR. In fact, in the case of chatbot malfunction (low-risk system) the GDPR will be applied and therefore strict liability. Whereas, in the case of facial recognition (high-risk system), applying the rules introduced on September 28, we will have fault-based liability. The other question is: who can be sued? There has been a lot of debate as to who should be accountable in the event of a failure by an AI system. The new Proposals conclude it should be the providers of AI systems and, in some cases, the user of AI systems (each as defined in the EU AI Act). Therefore, even on that profile there is still no certainty. 4. CONCLUSIONS It has become clear in the preceding pages that the world of tourism is making and will make extensive use of artificial intelligence systems in the future, changing consumer habits and making the services offered more agile. The European legislator had the merit of being the first to issue a legislative proposal on the topic of artificial intelligence. At the state of the art, we can consider three pillars: the AI act, the Proposal on adapting non-contractual civil liability rules to AI (the AI liability Directive) and the Proposal for defective products (the Product Liability Directive). However, the process still appears to be at an embryonic stage, and most of the legal questions remain unanswered, the few answers still unclear. There also seems to be a lack of coordination, at least on some profiles, between the artificial intelligence proposals and the GDPR. All that remains is to await the next movements of the legislature, hopefully also in field of tourism.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==