All Streams are across 2 days

Developing a Realistic Legal Framework for Safe & Successful Autonomous Vehicle Implementation

As the technology continues to develop at a rapid pace, Europe is in danger of falling behind the USA in making autonomous vehicles a reality, because a number of EU and UN laws and regulations will not allow autonomous or driverless vehicles. Although some European countries are already carrying out driverless vehicle testing in certain cities, there are still a number of regulatory and legal challenges that will need to be overcome before pan-European autonomous driving can take place.

The Future of Transportation World Conference will bring together European law makers, the automotive industry, technology suppliers, legal professionals and the insurance industry to discuss what changes are necessary in current regulations, and how to build a pan-European set of rules and laws governing autonomous and driverless cars to ensure their safe adoption and integration with the general public.

Key topic areas for discussion will include:

  • Adapting current safety standards and regulations to allow further testing of autonomous vehicles on public roads
  • Assessing liability in accidents involving autonomous vehicles
  • Establishing an international agreement on rules and regulations for autonomous vehicles
  • Safely integrating autonomous vehicles with other road users
  • Code of ethics for autonomous vehicles in the event of an unavoidable accident
  • Authorising police and law enforcement agencies to intercept and remotely stop self-driving vehicles
  • Allocating civil and criminal liability in the event of a cyberattack, vehicle hacking or deliberate interference with an automated vehicle
  • Changes to existing insurance laws
  • Privacy and data protection
  • Interoperability
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    Conference Programme



    Day 1: Tuesday 19 June

    Legal & Regulatory Challenges of Autonomous Vehicles

    09:15

    Policy labs: multi-stakeholder iterative processes for developing policies for automated and connected driving – a Swedish case study

    Maria Schnurr
    Senior researcher
    RISE Research Institutes of Sweden
    SWEDEN
    In the transport sector, vehicle automation challenges current regulation and policy as relevant policies simply do not exist. However, to keep up with technological development and actually benefit from its diffusion, these challenges need to be overcome more quickly than conventional policy-making may allow. Policy labs can be seen as an appropriate means of speeding up policy-making and increasing its quality and acceptance, especially in light of complex, dynamic technological change. Illustrated by two cases in Sweden, we describe policy lab interventions and early lessons learned regarding their relevance, usefulness and acceptance for future European transport policies.

    09:40

    Race of legislations – overview of the international legal landscape of autonomous driving

    Dr Volker Hartmann
    Head of legal - autonomous driving
    Daimler AG
    GERMANY
    New technologies – such as self-driving vehicles – need an adequate legal framework and legal certainty. In a globalised world with cross-border traffic in both the commercial and private sector, it is becoming increasingly important to establish harmonised, or at least compatible, legal sets in order to not hinder cross-border trade and the freedom of each individual. The presentation gives an overview of different current and future legal frameworks on international, EU and national levels. Comparing different jurisdictions allows conclusions to be drawn regarding business cases, first-to-market countries and potential country-specific modifications to AD systems.

    10:05

    Are you (still) in the driver's seat? A global view on the future of mobility

    Dr Patrick Ayad
    Partner and Global Head Automotive and Mobility
    Hogan Lovells
    GERMANY
    Autonomous, connected, electric and shared vehicles are transforming the automotive industry like no other innovation in decades. The latest industry trends present a wide range of challenges for traditional and new automotive and mobility companies, but they also offer exciting opportunities for those that manage to enhance their business model from automotive manufacturer to solution and service provider. Reducing exposure to risk and managing the various commercial and legal challenges requires organisations to anticipate and be prepared to navigate through the emerging legal risks. This presentation explores the major trends affecting the automotive market. The impact of these developments on some legal areas will be identified and then mapped to the business changes that will result.

    10:30 - 11:20

    Break

    11:20

    Law Commissions' review of UK regulation of automated vehicles

    Jessica Uguccioni
    Lawyer
    Law Commission of England and Wales
    UK
    The Government’s Centre for Connected and Autonomous Vehicles (CCAV) has asked the Law Commissions to undertake a far-reaching review of the UK’s regulatory framework for automated vehicles. With plans for significant public engagement, the three-year project, starting in early 2018, aims to promote public confidence in the safe use of automated vehicles. The Law Commissions will identify pressing problems in the law that may be barriers to the use of automated vehicles, and their application as part of existing public transport frameworks and innovative on-demand passenger services. In the presentation we introduce the project, some challenges and our approach.

    11:45

    Regulatory considerations for fleet-based self-driving operations

    Matt Burton
    Legal director II, regulatory development
    Uber
    USA
    As development and testing of self-driving vehicles continues to advance, there is an increasing recognition that the early use cases for such vehicles will be in the context of fleet-based deployment, such as ridesharing/for-hire operations. Although regulators have acknowledged that the deployment spectrum will include these uses, some early proposals still assume a more traditional owner-operator deployment paradigm, which may unintentionally delay introduction of these life-saving technologies. The presentation will discuss possible approaches for achieving regulatory and safety objectives in the context of such fleet-based self-driving operations.

    12:10

    European road traffic legislation and conditional automation (SAE Level 3)

    Dr Mathias Schubert
    Lawyer
    mnslaw&more
    GERMANY
    How will automated vehicles impact the determination of liability for accidents? Germany was first to address this in 2017. Non-driving activities, notably in the context of conditional automation, was one of the hotly debated topics. In the UK, the Automated and Electric Vehicles Bill is pending in Parliament. This bill would impose liability on the insurer of an 'automated vehicle' that causes an accident 'when driving itself'. Just what constitutes an 'automated vehicle'? The ABI leans towards reserving this notion for SAE Level 4 and 5, thus eclipsing Level 3 technology. Are we facing an exercise of squaring the circle?

    12:35 - 13:50

    Lunch

    13:50

    Cybersecurity regulation in vehicles and its impact on civil liability

    Dr Philipp Egler
    Counsel
    Bird & Bird LLP
    GERMANY
    Dr Simon Assion
    Specialised lawyer
    Bird & Bird LLP
    GERMANY
    The more IT is integrated into vehicles, the higher the relevance of IT security regulation. When IT is controlling critical parts of vehicles, security and safety are essential. This is also reflected in the legal requirements for effective cybersecurity, which will be discussed from both a regulatory and a civil liability perspective. Regulatory requirements for cybersecurity in vehicles have four sources: general product security and safety rules; general cybersecurity requirements (arising inter alia from the new General Data Protection Regulation (GDPR), from the Network and Information Security (NIS) Directive and from EU telecommunications regulation); type approval procedures for vehicles and their components; and regulations for the infrastructure on which the vehicles rely. Against this regulatory backdrop, a great variety of civil liability questions arise that will become relevant in case of accidents due to cyberattacks. Significant financial risks could result therefrom for all players active in the automotive industry. The multitude of parties involved in the production of vehicles (and especially the onboard software) and the novelty of the subject result in legal uncertainty. We will provide valuable guidance on the direction in which the case law may develop.

    14:15

    Legal challenges with protecting, owning or sharing car data

    Stephan Appt
    Partner / lawyer
    Pinsent Masons LLP
    GERMANY
    Data is the new oil but who owns it, who protects it and who must potentially share it with others? The presentation describes the legal framework around car data with (partly contradictory) requirements that have an effect on the business cases of various players within automotive, and challenges established concepts with respect to data protection laws, e-privacy law, liability and the supply chain.

    14:40

    The driverless safety paradox and criminal law

    Luciano Butti
    Affiliated professor of international environmental law
    University of Padua (I) - Department of Environmental Engineering
    ITALY
    In our driverless future, we will face a safety paradox: far fewer accidents, but also some new kinds of accidents, due to technological failure. Who will be criminally liable? The answer will partly depend on how artificial intelligence algorithms are being designed, in the context of deep learning. Criminal law will need to be gradually moved from the Newtonian universe where it was first raised, towards a probabilistic approach. This will give new life to the traditional theories on legal necessity. At the end of this process, not just our lifestyle will change, but also our anthropological relationship with cars.

    15:05 - 15:45

    Break

    15:45

    Roads to driverless – the future law of highways

    Alex Glassbrook
    Barrister
    Temple Garden Chambers
    UK
    Autonomous vehicles will have profound effects on the environments in which they operate. Alex Glassbrook (British barrister and writer on the law of driverless cars) explores the development of the laws of roads during the century since the emergence of motor vehicles in the UK, and asks how roads and laws might evolve to cope with new species of vehicles.

    16:10

    Getting the enabling legislation for vehicle automation is one thing – full, integrated network automation is a far bigger challenge, but one we need to overcome

    Dr Wolfgang Schuster
    Technical director for intelligent mobility
    Atkins
    UK
    Taking perspectives from Venturer, Flourish and HumanDrive, Dr Wolfgang Schuster from Atkins (Atkins is a member of SNC-Lavalin) examines why the enabling robust legal, regulatory, standards and legislative framework, in which connected and autonomous vehicles (CAVs) and networks of CAVs can operate, is just as important as the appropriate robust vehicle design and testing. This framework is an ecosystem in itself, and needs to be agile to reflect the rapidly changing technology, while considering the evolving user experience and adoption levels with CAVs, and needs to incorporate digital ethics, keeping us safe from a proliferation of AI and autonomous technology and keeping us in charge. This will be challenged when we see the potential benefits that innovations like full network rules engines can deliver.

    16:35 - 17:05

    Panel Discussion

    How will road operators need to adapt to autonomous vehicles? Are the highways ready to accept autonomous vehicles? Should autonomous vehicles be separated from human drivers?
    Michael Dan Vardi
    Co-founder and CBO
    Valerann
    UK
    Alex Glassbrook
    Barrister
    Temple Garden Chambers
    UK

    Day 2: Wednesday 20 June

    Understanding Corporate Risk, Product Liability, Recalls, & Data Responsibility Concerns of CAV’s

    09:00

    Leading from the front: delivering a diverse autonomous mobility service

    Pernille Amstrup Lytzen
    Business developer
    Autonomous Mobility AS
    DENMARK
    Conceptualising and developing autonomous vehicles is difficult. Getting them on the road or up in the air might prove even more difficult. Manufacturers, lawmakers, customers, road authorities, cities, municipalities and decision makers is a dizzying maelstrom of stakeholders to organise. Danish company Autonomous Mobility is so far the only company in the world that will tie all the components together and deliver autonomous mobility on demand. What are the opportunities and barriers for introducing autonomous mobility solutions in societies unfamiliar with the technology? What is Autonomous Mobility doing today to ensure success in an increasingly competitive and confluent environment?

    09:25

    From Job 1 to Lawsuit 1: the legal lifecycle of an OEM whose innovation gets ahead of the legislation

    Alex Geisler
    Partner
    Duane Morris
    UK
    This presentation follows the fortunes of Big Auto, a fictitious OEM. Big Auto has a simple three-word strategy: Get In Front. Its mission is to develop and release its autonomous features in every possible market, ahead of the competition. But how will Big Auto achieve this, and is it sound strategy?

    09:50

    Trust in new technologies: make the future of Mobility safe

    Dr Matthias Schubert
    Executive vice president mobility
    TÜV Rheinland AG
    GERMANY
    Cybersecurity, safety of personal data and functional safety are the major criteria for people to accept autonomous driving functionalities, according to a study of TÜV Rheinland (2017). As most of the feasible technologies are not yet accessible, it is difficult to define requirements for their approval and the periodical technical inspection. On the way to autonomous driving, harmonization of vehicle regulations and the approval of new technologies for (highly) assisted and autonomous driving are in the center of interest. To guarantee safe and smart mobility in the future, car and infrastructure industry, technical services and authorities need to work together and define the framework of the future of mobility.

    10:15 - 10:55

    Break

    10:55

    Data rights and responsibilities: access, competition and product liability

    Dr Thomas Funke
    Partner/lawyer
    Osborne Clarke
    GERMANY
    Ulrich Bäumer
    Partner/lawyer
    Osborne Clarke
    GERMANY
    Business models and innovation depend on access to the in-vehicle systems. Data from connected and autonomous vehicles is becoming essential for repair and servicing markets. European competition and type approval law mandates non-discriminatory access to certain data. But how can competition and safety be balanced? Who is responsible for data hacks, or liable for accidents caused by autonomous vehicles? This session explores the impact of the evolving EU legal framework for the automotive aftermarket, motor insurers, component suppliers and innovative service providers.

    11:20

    Understanding corporate risk in a connected world

    Andrew Atkins
    Chief engineer - technology
    Ricardo
    UK
    Connectivity between systems in the transport space represents huge opportunity in service provision, mobility system optimisation and built-environment improvement. However, this same interconnectivity and large-scale movement of data creates risks in terms of management of personal data, financial security and ensuring safe system performance. This paper will explore, through examples, best-practice approaches to determining corporate exposure to these emerging challenges to enable the benefits to be embraced.

    11:45

    CAVs – trust or bust!

    Dr John McCarthy
    Associate director
    Arup
    IRELAND
    Successful deployment of CAVs is contingent on two equally important and interdependent elements. One of these is the vehicle, obviously, but arguably as important is trust in the data being shared that generates services and information for user and operator alike. Trust between the various elements in the CAV ecosystem (public/private, etc.) is the single biggest blocker to establishing an interoperable, network-efficient deployment of CAVs. Arup proposes the establishment of a GRC (governance/risk/compliance) data arbitration layer that sits above the data aggregators and validates information exchange across all parties and offers consistency/reliability/scalability of services for the customer, manufacturer and road operator.

    12:10 - 13:50

    Lunch

    13:50

    How to regulate technologies in automated vehicles?

    Azra Habibovic
    Senior researcher
    RISE Research Institutes of Sweden
    SWEDEN
    To ensure that the development of automated vehicles is going in a desirable direction for society, regulatory bodies must take on the challenge of evolving the necessary regulatory instruments. This presentation addresses how current regulatory processes could manage automated vehicles and how these processes may need to evolve to address the dynamic technological development in a complex socio-technical system. Based on an in-depth review of research and regulatory theories and an extensive series of interviews with various stakeholders, it focuses on how to define and verify requirements on the technology in automated vehicles from a safety perspective without inhibiting innovation.

    14:15

    How to prepare our roads to support autonomous vehicles

    Michael Dan Vardi
    Co-founder and CBO
    Valerann
    UK
    As autonomous vehicles (AVs) assimilate into traffic, the role of authorities as traffic operators, regulators and enforcers will remain, but the tools required will change. AVs create two new sets of risks that may happen at scale/simultaneously: system malfunctions (and cyberattacks) and integration risks. Authorities will require independent monitoring capabilities, to ensure rapid response. Unfortunately, tech traffic monitoring today is an expensive tool limited to few roads. Regulation and long sale cycles mean that few innovations can thrive. Supporting local authorities means supporting innovation by creating routes for startups to test and provide much-needed solutions for our roads.

    14:40 - 15:20

    Break

    15:20

    Safety standards, evidence and dev-ops for autonomous cars

    Thor Myklebust
    Senior researcher and business developer
    SINTEF Digital
    NORWAY
    Lately, there has been an increasing use of agile methods when developing safety-critical systems for autonomous cars. ISO 26262 requires a safety case, but when accidents happen with autonomous cars, no one discusses it. A safety case is the main source of evidence of what has been done and not done to ensure safety. Evaluation of the standards ISO 26262-6/IEC61508-3 and their weaknesses are presented. It is important to move towards frequent modifications of the software, after the vehicle has been developed, due to improved operational feedback, technology improvements and security issues.

    15:45 - 16:15

    Panel Discussion

    How can OEM’s and technology suppliers protect themselves from liability cases involving autonomous vehicle technology failure?
    Christian Kessell
    Partner - head of the International Automotive Group
    Bird & Bird LLP
    GERMANY
    Katherine Dale Sheriff
    Attorney
    Waldon Adelman Castilla Hiestand & Prout
    USA
    Please Note: This conference programme may be subject to change