Custodian of Autonomous AI Systems in the UAE: An Adapted Legal Framework

The existence of a legal framework for Artificial Intelligence systems is of great importance for the growth and development of this advanced technology, especially given the growing sense of legal insecurity that may arise from potential irreparable harm. Therefore, the issue of legal liability for AI systems is one of the most critical legal topics that should receive the attention of legal literature. This paper critically examines the tempting analogy between the liability of custodians and the liability of operators of AI systems under UAE law. This paper seeks to address this legal gap, by offering suggestions and sharing examples of the legal requirements necessary to establish appropriate liability rules for AI. This legal gap can be filled by improving the provisions of custodian liability in UAE law. Our analysis focuses on three main concerns: (i) proposing an expansion of the concept of thingness; (ii) discussing the challenges of applying legal custodianship; and (iii) concluding that autonomous AI systems are inherently dangerous. In this context, it is particularly important to analyse the specific aspects that should be taken into consideration when operating advanced AI systems, which include mandatory registration and insurance. The article concludes that applying the custodian liability provisions to the operators of AI systems ensures the protection of third parties from potential damage on one hand. On the other hand, the specific regulations governing the operation of these AI systems encourage investment in this vital field.