Authors
Gabriel Meier
Counsel, Corporate and M&A / ICT & Digital , MLL Legal AG
Lukas Bühlmann
Partner & Co-Head ICT & Digital , MLL Legal AG
Published on:
September 7, 2025
Reading time:
7 minutes
Article: AI ETHICS FOR ENTREPRENEURS:
Artificial intelligence (AI) is an integral part of modern entrepreneurship. Along with the great opportunities, AI brings legal and ethical challenges that entrepreneurs need to navigate thoughtfully.
Regulators, investors, employees, and customers are all paying closer attention to how AI is deployed. Ethical missteps can result not only in compliance risks, but also in reputational damage. When formulating an AI policy, companies should adhere to the guidelines established by the EU AI Act and data protection law. Here are six key areas every companies should understand when thinking about AI ethics in their business.
1. Responsible Data Use: Ethics Meets Compliance
Most AI systems are only as good as the data they are trained on. For entrepreneurs, this raises two critical questions: where does the data come from, and how is it being used?
Under Swiss data protection law (FADP) and the EU's GDPR, businesses must ensure that personal data used for AI purposes is collected transparently, used proportionally, and stored securely. Consent, anonymisation, and purpose limitation are not just legal terms—they are ethical cornerstones of responsible AI.
Key takeaway: Before deploying AI, assess whether your data sources are compliant, especially if you are using personal or sensitive data. This applies even when using off-the-shelf AI tools from third-party vendors.
2. Fairness and Bias: Avoiding Ethical Blind Spots
AI systems can unintentionally reinforce or amplify biases present in their training data. This can lead to unfair outcomes in hiring, lending, pricing, or even customer support—areas that many mid-sized firms are already automating.
Discrimination, even if unintentional, can trigger legal action and erode trust with customers and employees. More importantly, ethical entrepreneurship means building products and processes that work for all groups of society.
Key takeaway: Regularly audit your AI systems for bias. Ask vendors how their tools are trained and tested for fairness. In high-risk areas (like HR), consider involving external reviewers or ethics advisors.
"Black box"
3. Transparency and Explainability: Building Trust
"Black box" AI—systems that make decisions without explaining how—pose a serious challenge to transparency. Yet customers, employees, and regulators increasingly expect AI decisions to be explainable and traceable.
In sectors like finance, healthcare, and insurance, explainability will become a legal requirement under forthcoming EU AI rules. Even where not legally required, a lack of transparency can hinder user adoption and create friction in internal processes.
Key takeaway: Opt for AI systems that allow some level of explanation and auditability. Make sure employees understand how decisions are made, especially in customer-facing or sensitive applications.
4. Accountability and Governance: Who’s in Charge?
When AI causes harm — say, an incorrect automated decision or a privacy breach — who is accountable? In Switzerland, the legal responsibility typically rests with the company deploying the AI, not the software vendor.
This means setting clear lines of responsibility internally. Who approves the use of AI? Who reviews the outputs? Are ethics or compliance teams involved early enough in the process?
Key takeaway: Treat AI governance as part of your core risk management. Consider appointing a responsible person (e.g., a CTO, CDO, or legal counsel) to oversee AI ethics and align your company’s use of AI with its values and legal obligations. Implement a clear AI Policy for the use of AI.
5. Human Oversight: Drawing the Right Boundaries
Even the best AI systems make mistakes. Ethical entrepreneurs know where to keep a human in the loop — especially when decisions significantly impact individuals or involve value judgments.
Automation should augment human decision-making, not replace it entirely. For instance, AI can help shortlist job applicants, but a human should still review and interview. In customer service, AI chatbots can triage queries, but escalation to a person should remain possible.
Key takeaway: Identify where human oversight is critical in your workflows. Build in review mechanisms, especially in sensitive or high-impact use cases.
6. Copyright Compliance: Navigating Intellectual Property Rights
AI models are trained on large datasets, some of which may include copyrighted materials. Understanding how copyright law applies to AI-generated outputs and training datasets is crucial.
With rapidly evolving case law and regulatory guidance, companies must stay informed about copyright developments. Entrepreneurs should carefully evaluate how providers of underlying AI models handle copyright compliance, including whether they have obtained necessary licenses or are involved in legal disputes.
Key takeaway: Regularly monitor developments in copyright law related to AI. Verify how AI vendors or model deployers address copyright issues in their datasets and generated content to mitigate legal risks and maintain ethical standards
Ethics as a Business Advantage
Ethical AI is not just about compliance — it is about competitiveness. Swiss businesses that lead with transparency, fairness, and accountability are more likely to earn customer trust, attract top talent, and avoid regulatory setbacks.
To effectively address these ethical challenges, the European Union's AI Act provides a valuable roadmap. Although designed specifically for the EU market, its principles offer universally applicable insights that will benefit any startup or SME looking to develop responsible AI solutions.
Conclusion
Ethics as a strategic advantage As AI becomes an increasingly integral part of the business landscape, companies should view ethics not as a barrier, but as a strategic advantage. Using the EU AI Act and data protection law, companies can confidently navigate complex ethical landscapes and implement an AI policy that is guiding all the employees to act in the interest of the company and society. Those companies that prioritise ethical AI development will not only avoid pitfalls, but also seize greater opportunities, positioning themselves as leaders in the responsible use of powerful, transformative technologies.
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