Best Trends: Kevin, how has legal certainty regarding AI evolved in the last few months?

Kevin Proesel: The issue of legal certainty has become enormously important and, at the same time, there is a great deal of uncertainty. Legislation in many countries is lagging behind the rapid development of AI technology. This often leads to grey areas, which have to be navigated by companies and agencies.

Best Trends: What legal challenges do you see for companies when dealing with AI?

Kevin Proesel: The spectrum ranges from copyright problems to privacy concerns and ethical issues. For example: Who is responsible if an AI decision has a negative impact? Can AI use third-party content? These and similar issues are currently the subject of intensive debate.

Best Trends: Where do agencies use AI and what questions arise?

Kevin Proesel: At Serviceplan Group, we already work with AI in research and analysis processes in order to collate results efficiently and as comprehensively as possible. And, of course, in the creative field. Here, the opportunities for using AI as a sparring partner are enormous. As support for text creation, for example, or for generating images and moods. In the meantime, we can create photorealistic pictures with a mouse click. For agencies, however, this raises entirely new questions: What is ethically acceptable? Within what framework can and do we want to use such systems? And, of course, there is the issue of legal certainty. But there are also fundamental considerations. If AI speeds up or partly replaces our work, what do we as agencies need to offer in terms of new services and products – do we even need to fundamentally reinvent ourselves?

Best Trends: How does Serviceplan Group deal specifically with the topic of AI and legal certainty and what impact does this have on employees?

Kevin Proesel: We can see that the employees have understood the tremendous possibilities of working with AI. Islands of expert knowledge are being created, which we bring together through the Group in a best-practice pool. It is important to raise understanding among the colleagues that we do not use publicly available AI tools when working with confidential and sensitive data, for example. We have therefore developed guidelines for dealing with AI and tools that we can use in a safe environment. This is intended, for example, to prevent protected data from entering public systems or copyrights of third parties from being infringed.

Best Trends: You have co-developed a legally secure AI-supported solution yourself – what is it about?

Kevin Proesel: Yes, at Serviceplan Group, for example, we have developed an AI image generator in the Saint Elmo’s team that clearly pursues the idea of legal certainty. This enables the controlled creation of images on the basis of a precisely defined image database that can be used under licensing law. This minimises legal risks considerably. Both for us as an agency and for our clients.

Best Trends: What would you advise companies to do if they want to use AI?

Kevin Proesel: It is essential that companies follow transparent and responsible practices to ensure that the AI used operates ethically and legally. That’s why I recommend that every company has clear guidelines for dealing with AI and makes employees aware of the pitfalls.

Best Trends: How do you see the future of AI in marketing, especially with regard to legal developments?

Kevin Proesel: AI will undoubtedly play an increasingly important role in marketing. Legal certainty will remain a key challenge. However, I expect a clearer legal framework to be established in the coming years. However, companies should not wait for this, but should proactively consider the ethical and legal aspects of AI. Those who position themselves correctly now will be able to react more quickly to further developments in the future and benefit from them.