Abstract

This chapter examines the interplay between the European Union’s Artificial Intelligence Act (EU AI Act) and the Council of Europe’s Framework Convention on Artificial Intelligence (CoE Framework Convention), with a particular focus on their implications for private law. While international debates on AI governance often emphasize public law regulation, private law remains central to mediating the effects of AI on individuals’ rights and interests in areas such as consumer protection, data protection, tort liability, and contract law.

The analysis highlights the complementary nature of the two frameworks. The AI Act represents the first comprehensive and directly applicable regulatory regime for AI, adopting a risk-based approach that imposes concrete obligations on providers, deployers, and users of AI systems. By contrast, the CoE Framework Convention is the first binding international treaty on AI, articulated around human rights, democracy, and the rule of law. It provides a normative compass rather than detailed technical regulation, empowering domestic courts and legislatures to adapt existing private law regimes to the challenges posed by AI.

Through case studies of consumer, data, tort, and contract law, the paper demonstrates how the Convention can broaden individual protections while the AI Act offers legal certainty and harmonization within the EU. Section 3.5 further shows that the Convention exerts influence not only through interpretation and legislation but also through policy development, with potential transnational reach beyond Europe.

The paper concludes that the AI Act and the CoE Framework Convention should not be viewed as competing instruments but as complementary pillars of AI governance. Together, they balance enforceable obligations with principled direction, laying the groundwork for a private law framework that safeguards human dignity, fairness, and democratic accountability in the digital age.

TABLE OF CONTENTS

1. Introduction

2. The EU AI Act and the CoE Framework Convention: Complementary Approaches

3. The Role of Private Law in AI Governance
   3.1 Consumer Protection
   3.2 Data Protection and Privacy
   3.3 Non-Contractual Liability
   3.4 Contract Law and Digital Contracts
   3.5 Channels of Influence: Interpretation, Legislation, and Policy
   3.6 Outlook

4. Conclusion