The use of artificial intelligence in the travel and hospitality industry. Civil liability profiles by Caterina del Federico IJTTHL PRE-PRINT

(2021) ; a Resolution on AI in a digital age (2022) ; last, but not least, a Proposal for an 20 21 AI liability Directive , which therefore apparently supersedes previous acts on the topic of 22 liability. Now, to connect the topic of civil liability to that of the use of AI systems in tourism, it is 23 worth considering a couple of the case cited above. Incidentally, that of the liability of artifcial intelligence systems is among the most debated in the legal world today. 24 As a frst example can be considered the cited case of the chatbot, an artifcial intelligence system that is considered of low risk, according to the AI act. There could be a malfunction of the artifcial intelligence system that causes a data breach. It happens very often since artifcial intelligence systems feed on data. Precisely for this reason, the The text is available at the link: https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/ 20 12979-Civil-liability-adapting-liability-rules-to-the-digital-age-and-artifcial-intelligence_en. The text i s ava i l abl e at the l ink: ht tps: / /www.europar l .europa.eu/doceo/document / 21 TA-9-2022-0140_EN.html. The text of the proposal is available at the link: https://ec.europa.eu/info/business-economy-euro/doing- 22 business-eu/contract-rules/digital-contracts/liability-rules-artifcial-intelligence_en. It has to be considered, among other things, in close connection with the issue of liability, that some 23 scholars attribute legal personality to artifcial intelligence systems. On the issue of recognition of legal personality, Pagallo, U. (2013) The Laws of Robots, Springer; Sartor, G. (2009) ‘Cognitive automata and the law: electronic contracting and the intentionally of software agents’, Artifcial Intelligence Law, 17(4), pp. 253-290; Teubner, G. (2016) ‘Rights of Non-Humans? Electronic Agents and Animals as New Actors in Politics and Law’, Journal of Law and Society, 33/2016, pp. 497-521. In the opposite direction, however, Bertolini, A., Aiello, G. (2018) ‘Robot companions: A legal and ethical analysis, Information Society, 33(4), pp. 130-140; Bertolini, A. (2013) ‘Robots as Products: The Case for a Realistic Analysis of Robotic Applications and Liability Rules’, Law, Innovation and Technology, 1/2013, pp. 214-247. The relationship between civil liability and artifcial intelligence is examined in depth within the 24 monographic section of the journal Giurisprudenza italiana devoted to the topic ‘Intelligenza artifciale e responsabilità’, edited by Rufolo, U., Gabrielli, E. For an analysis of the issues raised, see also volume curato da De Franceschi, A., Schulze, R. (2019) Digital Revolution. New challenges for Law, C.H.BeckNomos; Weber, R.H., Staiger, D.N. (2017) New Liability Patterns in the Digital Era, in Synodinou, T.E., Jougleux, P., Markou, C., Prastitou, T., (ed(s)) EU Internet Law, Springer, pp. 197-214. 9

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