“Opinions on the Legal Trial of Dispute Cases Involving Artificial Intelligence” and Its Impact on Corporate Compliance with AI Technologies
The Supreme Court issued opinions establishing rules for adjudicating AI-related disputes, clarifying the responsibilities of developers, service providers, and users.
On September 7, 2026, the Supreme People's Court issued the “Opinions on Handling Dispute Cases Involving Artificial Intelligence in accordance with the Law” (Law Issuance [2026] No. 10), which systematically established rules for adjudicating AI-related disputes for the first time. The opinions consist of 5 parts and 24 articles, aiming to implement the concept of the rule of law and protect the development of new productive forces. Regarding responsibility allocation, it clarifies the responsibilities of AI developers, service providers, and users; in the field of autonomous driving, manufacturers and sellers are required to bear responsibility for damages to user rights caused by false propaganda, and victims can claim compensation from both drivers, producers, and sellers. In terms of technology governance, companies are required to specify reasonable effort standards in development licenses, establish a review mechanism for open-source models, and clarify the job attributes of employees’ AI achievements. Additionally, the handling of public personal information is included in the rules, requiring consent for significant impact on rights, and voice and portrait are included in the protection of personality rights. Furthermore, the opinions establish rules for notification and removal of generated content, requiring companies to control input sources and retain records of the generation process to balance technological innovation and rights protection.
The Supreme Court issued opinions establishing rules for adjudicating AI-related disputes, clarifying the responsibilities of developers, service providers, and users.
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2026-09-07
The Supreme Court issued opinions on the adjudication of AI-related disputes.
The Supreme People’s Court issued “Opinions on Adjudicating AI-related Disputes in accordance with the Law” (Law Issuance [2026] No. 10), consisting of 5 parts and 24 articles, establishing adjudication rules.
2 reports
2026-09-08
Analysis of the impact of these opinions on corporate compliance
The “Opinions” clarify the responsibilities of AI developers, service providers, and users, transforming technical governance into judicial obligations and burden of proof, promoting corporate compliance to full lifecycle management.
The Supreme People’s Court issued the “Opinions on Handling Dispute Cases Involving Artificial Intelligence in accordance with the Law”, clarifying that manufacturers and sellers shall bear responsibility when false propaganda regarding autonomous and assisted driving causes damage to users’ rights and interests. These opinions focus on key issues such as AI face swapping and big data price discrimination, defining the boundaries of behavior and legal responsibilities. In the automotive sector, it is stipulated that if damage results from a combination of vehicle defects and driver negligence, victims may simultaneously claim responsibility from both drivers and producers/sellers; regarding false propaganda, it is clear that if producers and sellers make false or misleading claims regarding the level of automation, intelligence, performance, and uses, causing damage to consumers’ rights and interests, the people’s courts will support consumers’ civil compensation requests in accordance with the Civil Code and the Law on the Protection of Consumers’ Rights and Interests.
最高人民法院于 2026 年 9 月 7 日发布《关于依法审理涉人工智能纠纷案件的意见》,首次确立涉 AI 纠纷系统性裁判规则,共 24 条。该《意见》明确 AI 开发者、服务提供者及用户责任划分,将技术治理转化为司法注意义务与举证责任,推动企业合规从静态审查转向全生命周期“可证明的合规”。针对大模型应用,《意见》要求企业在开发许可合同中约定合理努力标准,选择开源模型时建立审查机制规避风险,并明确员工 AI 成果职务属性。在训练微调环节,《意见》首次将公开个人信息处理纳入规则,规定重大权益影响需取得同意;将声音、肖像纳入人格权保护;暂未规定未经许可使用他人作品训练的定性问题;明确合法获取数据可享有权益且需留存证据。生成内容方面,《意见》建立通知移除规则,要求企业控制输入端并保存生成过程记录;明确仿冒名人带货欺…