UMJETNA INTELIGENCIJA I RIZICI ZA POTROŠAČA: ODGOVORNOST ZA ZAVARAVAJUĆE INFORMIRANJE OD STRANE CHATBOTOVA
ARTIFICIAL INTELLIGENCE AND RISKS FOR THE CONSUMER: LIABILITY FOR MISLIEADING INFORMATION PROVIDED BY CHATBOTS

Summary/Abstract: Automated software or artificial intelligence algorithms are used in different contexts and at different stages of the relationship between traders and consumers, and are also massively involved in online transactions. Practice shows that many traders use automated software (so-called bots or chatbots) on their websites to interact with consumers, from providing information and advice, through suggestions to consumers, to concluding contracts. Different ways of using automated software have different consequences and raise many different legal issues. One of them is the question of who is responsible for the damage that the consumer suffers by relying on the accuracy of the information provided by the algorithm, and then suffers damage as a result of their inaccuracy. In the case of Moffatt v. Air Canada, in which the Canadian court decided in February 2024, a consumer as a buyer who purchased airline tickets via the Air Canada website was misinformed by a chatbot about the benefits of flying in the event of the death of a close family member. According to the information that the consumer received from the chatbot, the request for a refund of part of the paid costs can be set retroactively, which is information that does not correspond to the information provided by the airline in the general terms of business, according to which the request for a more favorable price of plane tickets must be set in advance. Although the airline was not considered responsible for incorrect information, the acting court argued in the opposite direction and found the airline that used chatbot support responsible and obliged it to pay damages. In the paper the authors are engaged in answering the question of which regulation would be relevant for the resolution of this dispute in EU law and domestic legislation.

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