401 INFORMATION TECHNOLOGY LAW causal link may pose a problem since causality must be proved by the injured party15. Given the complexity and technical side of artificial intelligence, buyers are likely to have difficulty proving this causation. Developments in Foreign Legislation It is well known that the EU Commission is closely following the artificial intelligence issue and is working to create a uniform regulation in this field. In this context, in the White Paper16 published in 2020, the artificial intelligence ecosystem was closely examined and opinions were expressed about the legislation to be created and what the responsibility regime should look like. It is noteworthy that if a very strict liability regime regarding artificial intelligence liability is developed, the development of this technology may be hindered. In this context, the EU Commission prepared the first draft legislation on artificial intelligence in 2021.17 In the aforementioned draft, a “riskbased” approach has been adopted and levels such as unacceptable risk, high risk, low risk and minimum risk have been determined according to the risk level of artificial intelligence activities. The proposal is expected to enter into force in 2023. Thus, an important step will be taken towards a uniform legislation specific to artificial intelligence. Conclusion Artificial intelligence, the use of which is rapidly increasing along with its capabilities, is generally considered too complicated to be defined with current legal concepts. As there is no uniform legislation on this subject in our country and in the world yet, attempts are being made to solve the problems related to artificial intelligence with existing concepts and responsibility regimes. There are various debates about how artificial intelligence should be regulated through legislation. A general caveat, however, is that the development of this technology could be hampered if overly burdensome liability regimes are introduced. It is eagerly awaited that the uniform regulations on how to define artificial intelligence. and how it will be subject to rules, will be clarified in the near future. 15 Kapancı, p. 177. 16 https://ec.europa.eu/info/sites/default/files/commission-white-paper-artificialintelligence-feb2020_en.pdf (Access date: 20.0.2021). 17
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