ARTIFICIAL INTELLIGENCE REGULATION IS COMING FROM THE EU
We would like to draw your attention to the slowly evolving landscape of AI regulation in the European Union. As artificial intelligence tools continue to reshape industries and our personal lives, it is crucial for companies and individuals to stay informed about the upcoming legal frameworks governing AI. At our law office, we are committed to providing you with the latest updates and ensuring that you are well-prepared for the regulatory changes ahead.
In this newsletter, we will provide you with a brief overview of two key regulations emerging under the auspices of the EU: the AI Act (Regulation) and the AI Liability Directive.
Artificial Intelligence Act
The AI Act proposes a risk-based approach to AI, establishing obligations for both providers and users based on the level of risk associated with the AI system. The act strictly prohibits AI systems that pose an unacceptable risk to people's safety, including those that employ manipulative techniques or exploit people's vulnerabilities.
Furthermore, the act identifies high-risk areas that will be subject to several safety measures before they can be put on the market. These safety measures include risk management systems, data governance, human oversight, etc. The areas include critical infrastructures, educational systems, employment practices, or law enforcement.
The AI Act also addresses general-purpose AI, specifically foundation models. Providers of these models must ensure the protection of fundamental rights, health, or safety. Generative foundation models, like OpenAI's tool ChatGPT, will have additional transparency requirements, such as disclosing AI-generated content, preventing the generation of illegal content, and publishing summaries of copyrighted data used for training.
The AI Act is currently awaiting its first reading on the EU Parliament's agenda. Voting is expected during June.
AI Liability Directive
The AI Liability Directive aims to harmonize product liability rules for AI and boost consumer confidence in emerging technologies. It should ease the burden of proof for victims of AI-related damage, establish broader protection for victims, and increase guarantees for the AI sector. The directive complements the existing Product Liability Directive and the AI Act.
The AI Liability Directive, for instance, introduces a presumption of causation, simplifying the process for victims seeking compensation. Additionally, it empowers courts to order measures for preserving evidence related to high-risk AI systems.
The proposal was adopted by the European Commission in September 2022 and is now awaiting adoption by the European Parliament and European Council.
Both regulations proposed by the EU aim to ensure the responsible use of AI, protect consumers' rights, and foster innovation. As always, we are following these developments closely and will keep you informed to help you navigate the evolving field of AI regulation.