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Legal and Governance Issues regarding Agentic AI in the EU and Japan

June 2025
Corporate GovernanceGeneral

Abstract

Artificial intelligence is rapidly reshaping industries globally, and at the core of this transformation lies AI agents, posing unique and novel legal challenges for developers, deployers and users of AI agents as well as policymakers worldwide. This paper discusses certain legal issues AI agents present in light of current laws or regulatory frameworks in the EU and Japan - the EU adopting a codified and prescriptive approach and Japan adopting a non-binding and agile principle-based approach. Policy and practical recommendations are considered to mitigate the identified legal risks and promote innovation and voluntary governance based on principles of transparency and accountability.

Authors

Portrait image of Matthias Artzt
Matthias Artzt
Senior Legal Counsel, Deutsche Bank AG, Germany

Dr. Matthias Artzt is an internationally recognized and certified lawyer and senior legal counsel at Deutsche Bank AG. He advises internal clients globally regarding data protection issues as well as complex international outsourcing agreements involving data privacy-related matters and regulations. Matthias is a graduate of the University of Tübingen, Germany, where he obtained his Doctor of Law, and a Certified Information Privacy Professional/Europe (CIPP/E) at the IAPP. He authored numerous articles on data protection law and is a regular speaker at various national and international conferences, e.g., at the Central Bank of Brazil and the Ecosystems 2030 in Spain. Further, he is a guest lecturer in postgraduate law courses at the University of Brunswick, Canada and the University of Brasilia, Brazil. Matthias has an in-depth knowledge of the GDPR and its interfaces with other cutting-edge technologies, such as Cloud Computing, Artificial Intelligence, Blockchain, and Metaverse. Matthias is the editor-in-chief of the International Journal of Blockchain Law (IJBL) as well as the co-editor and co-author of the International Handbook of Blockchain Law and the International Handbook of AI Law, both published by Wolters Kluwer.

Portrait image of Yumi Ahn
Yumi Ahn
Counsel, Tokyo International Law Office, Japan

Yumi Ahn is a California-qualified lawyer, Counsel at TKI based in Tokyo specializing in Web3, Fintech, ClimateTech, AgriTech and AI sectors.

Portrait image of Masayuki Otake
Masayuki Otake
Counsel, Tokyo International Law Office, Japan

Attorney at Law (Japan), English Solicitor, Certified Fraud Examiner. Worked for 15 years as a public prosecutor and a government attorney, engaged in legislation and regulation on cyberlaws.

Companies

Deutsche Bank AG logo

Deutsche Bank AG

Deutsche Bank AG

Tokyo International Law Office logo

Tokyo International Law Office

TKI is a full-service law firm with offices in Tokyo and Singapore, providing strategic legal solutions to clients for complex cross-border transactions and disputes.

Tokyo International Law Office

TKI is a full-service commercial law firm providing strategic legal solutions for complex cross-border matters.

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