Vibe-coding with AI? Here’s what you need to consider

Vibe-coding and AI: what’s the issue?

The development of AI-assisted code generation is booming, with various tools enabling the creation of digital solutions with minimal manual coding. But as the technology becomes more accessible, the legal challenges also increase:

• Who is liable if something goes wrong?

• Who actually owns the AI-generated code?

• Could you be infringing copyright or GDPR without realising it?

Whether you run an established tech company or are building something new in a start-up environment, it’s crucial to address these issues early.

Four legal risk areas to watch

1. Who bears responsibility for security?

AI-generated code may contain vulnerabilities. It is therefore essential to analyse what guarantees exist – and what is missing – in supplier agreements. Make sure you regulate liability and measures in the event of operational disruptions or security breaches.

2. Do you really own the code you are using?

Copyright in AI-generated code remains a legal grey area. If the AI is trained on open-source or protected material, you may lose the right to use or sell your product. Clarify the applicable licensing terms – before you launch.

3. Unintentional intellectual property infringements

Many AI tools are trained on copyrighted code. The result? Your solution may, without your knowledge, include elements that infringe others’ rights. This can have serious legal and commercial consequences.

4. Does your solution comply with GDPR?

AI-generated applications may process personal data in ways that breach data protection law. Always analyse what data is used, how it is processed, and document this clearly.

Checklist: how to minimise the risks

• Before launching an AI-generated solution using vibe-coding, make sure to:

• Map your data: What is being used? Where is it sent?

• Secure your contracts: Obtain clear guarantees on security and liability.

• Review IP issues: Who owns what – and why?

• Verify GDPR compliance: Follow data protection regulations.

• Check your licences: Avoid being caught by copyleft requirements.

Our recommendation: analyse early

Technology moves quickly – the law rarely keeps pace. By seeking legal advice at an early stage, you can avoid future issues related to IP infringement, data protection or contracts.

Do you have questions about vibe-coding and AI-generated code? Get in touch with one of our experts for advice tailored to your business needs.