backThe Ethical Governance of Artificial Intelligence (AI) has gained accelerated relevance in the Brazilian legal and regulatory landscape, especially with the progress of Bill No. 2338/2023 and the imminent AI regulation in the European Union (AI Act). In this context, the AI Ethics as a Service model emerges as a strategic solution for organizations seeking to develop, procure, or use AI systems safely, responsibly, and in legal compliance.
This article aims to clarify the concept of AI Ethics as a Service, its benefits and challenges, and how specialized law firms can operate within this model to benefit their clients.
What is AI Ethics as a Service?
Inspired by the already established DPO as a Service model, AI Ethics as a Service consists of the outsourcing of ethical governance and regulatory risk assessment of AI systems, through the engagement of professionals or specialized committees that assess risks, define guidelines, and oversee the AI lifecycle within organizations.
This service includes, among others:
-
Risk classification of AI systems (minimal, limited, high, or prohibited);
-
Conducting AI Impact Assessments;
-
Support in the development of internal policies and contractual terms;
-
Mediation of decisions by the AI Ethics Committee;
-
Monitoring performance and continuous compliance;
-
Supporting strategic decisions based on the principles of human autonomy, transparency, non-discrimination, safety, and accountability.
Benefits of AI Ethics as a Service
1. Regulatory Compliance
Beyond ongoing legislative proposals such as Bill No. 2338/2023 and the European AI Act, the use of artificial intelligence systems in Brazil is already subject to existing and fully applicable regulations—especially regarding personal data protection, intellectual property, and civil liability.
The General Data Protection Law (LGPD), for instance, imposes strict obligations on the processing of personal data — including when operated through algorithms or automated models. The use of AI must respect principles such as purpose, necessity, security, transparency, and accountability, requiring the identification of the appropriate legal basis and the mitigation of risks like discriminatory decisions, excessive data processing, or violations of data subjects’ rights.
Moreover, intellectual property legislation (such as the Copyright Law and the Software Law) sets clear boundaries on the reuse of protected works, including for the training and use of generative AI models. The use of textual material, images, code, or any protected asset may require an appropriate license and the proper acknowledgment of rights holders — demanding specialized contractual, technical, and legal attention.
In this scenario, the AI Ethics as a Service model provides organizations with the necessary support to ensure:
-
Legal adequacy in the reuse of personal data and protected assets, including application of the LGPD, copyright legislation, and other relevant regulatory frameworks;
-
Risk assessment of the use or development of AI algorithms;
-
Prevention of litigation and sanctions through the implementation of controls, impact assessments, and qualified legal opinions.
This approach ensures that the company not only anticipates the upcoming AI legislation but also proactively and safely complies with the laws already in force.
2. Structuring AI Ethics Committees
Outsourcing may include the chairing or technical coordination of an internal AI Ethics Committee, ensuring independence and multidisciplinarity. The role of the Data Protection Officer (or DPO as a Service) may also include leadership of the committee, supported by technical, legal, and compliance areas.
3. Risk and Liability Reduction
Specialized operations enable the identification of ethical and legal risks at the design or procurement stage of an AI tool, preventing misuse of sensitive data, algorithmic biases, inappropriate automated decisions, and contractual violations.
4. Organizational Education and Culture
Specialized professionals contribute to the continuous training of staff, the development of customized policies, and the promotion of a culture of ethical and responsible AI use — essential for organizations that value integrity and sustainability. AI Ethics as a Service may also support internal training on the responsible use of AI within the organization.
5. Flexibility and Scalability
The service can be tailored to the organization’s digital maturity and the complexity of the systems involved. It can be contracted as a one-off engagement (for the analysis of a specific project) or on an ongoing basis (committee, training, periodic reviews), adapting to demand.
Final Considerations
The AI Ethics as a Service model represents a natural evolution for organizations that wish to adopt AI solutions with responsibility, legal security, and robust risk assessment. In addition to meeting increasing legal demands, this model strengthens institutional reputation and prepares companies for a stricter regulatory future.
Campos Thomaz Advogados, as a law firm specialized in Law and Technology and data protection, is well-prepared to assist clients in the role of AI Ethics as a Service, aligned with current market needs and global best practices on the subject.
share
