Summary of the panel AI & Transparency21.10.2025

We continue the overview of the scientific program at the LIDC Congress 2025 in Vienna with the panel summary on the following topic: “AI & Transparency: Legal challenges in the field of IP and Unfair Competition”. This discussion on the relationship between artificial intelligence and legal requirements , chaired by Philipp Homar (Professor of Intellectual Property Law at the Vienna University of Economics and Business), examined the growing impact of European transparency obligations on AI in the context of intellectual property law and unfair competition law. Philipp Homar opened the discussion by outlining the wide range of transparency obligations introduced by the European legislator (eg in the AI Act, Digital Services Act, Omnibus Directive) and their relevance in the context of AI.
Katja Heintschel von Heinegg (CEO of the Association of the German Advertising Industry, Berlin) presented the advertising industry’s perspective, emphasizing the need to confine transparency obligations to differentiate different types of AI content, namely AI-assisted content (such as image corrections), which should remain exempt from transparency requirements, and fictional content with real-life-link, which should be subject to transparency obligations.
Alexander Höller (Legal Lead, Google Austria) brought the perspective of Google and provided insights into current technological developments, including emerging tools for detecting whether content was created by AI.
Verena Dorner (Professor of Digital Ecosystems at the Vienna University of Economics and Business) analyzed the concept of transparency from an economic perspective, highlighting that transparency of AI (AI disclosure) also has diminishing effects on trust in AI.
Finally, Rene Heinzl (AI specialist and tech-savvy entrepreneur) introduced the dimension of competition, critically reflecting the EU’s regulatory approach and its implications on European businesses.
Overall, the panel provided different perspectives on the interplay between AI, transparency and transparency obligations and the need to find a balance between fostering innovation, ensuring fair competition, and maintaining public trust through proportionate transparency obligations in the evolving AI landscape.

 

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