New Publication by Ljubiša Metikoš and Jef Ausloos

29 October 2024

We’re excited to announce that DLS members Ljubiša Metikoš and Jef Ausloos have just released a new paper: “The Right to an Explanation in Practice: Insights from Case Law for the GDPR and the AI Act.” Available now on SSRN ahead of its publication in Law, Innovation, and Technology (October 2025).

This research offers an in-depth look into GDPR case law on the right to an explanation across the EU and applies these insights to the emerging AI Act. The paper explores the scope, content, and balancing of explainability rights under both frameworks, addressing essential questions, such as:

  • Does the right to an explanation apply throughout the AI development chain? ✅
  • Can companies use IP rights or trade secrets to shield their systems? ❌
  • Is there an obligation to disclose AI training datasets? ❌
Who should read this?
 
 

 

 

This work is essential for anyone interested in AI regulation in the EU—from sectors like justice, healthcare, and banking to global legal scholars, as similar rights are being integrated worldwide in frameworks like Brazil’s LGPD and China’s PIPL.

Access the pre-publication draft here: SSRN Link