AI-Induced modern maritime risks: ensuring “cyber seaworthiness” and legally-compliant data management in international shipping
摘要
This article discusses two major legal challenges which are of increasing practical relevance in an emerging era of integrated AI utilization as applied in the maritime industry. First, like all other moving assets which are constantly online and connected to “cyberspace”, ships need to be as resilient as possible to withstand any potential cyberattacks – an area which will be increasingly driven by malicious opportunities of AI tools. This results in a modernized legal understanding of “cyber seaworthiness” which integrates expected standards of care, readiness and preparedness for intangible aspects of ship operations into the traditional concept of seaworthiness. Second, AI tools will increasingly allow the structuring of (formerly unstructured) data. More data is constantly created, especially by smart “connected products” – both onshore and offshore. This is also subject to a modernized legal understanding of data law. Thus, the key aim of this article is to highlight that data – representing “the new oil of the twenty-first century” – does not flow in a legal vacuum. This notion applies for the maritime sector and international shipping as well. The best practical example for mandatory legal rules is currently provided by the EU Data Act (applicable since 2025). However, other regulators will enact similar modernized data laws. The practical relevance of data law will only increase across all industrial sectors, including the maritime service industry and international shipping. Managing data in a legally-compliant way, taking into account all related innovation and developments of AI, will thus be an integral part of an updated legal understanding of modern maritime risk management.