by Andria Papageorgiou

COMPLIANCE, News, REGULATORYAugust 2, 20240 comments

The EU’s Regulatory Framework for Artificial Intelligence: A New Era for AI Governance

The European Union (EU) is pioneering a comprehensive approach to artificial intelligence (AI) regulation with the introduction of the AI Act. This landmark legislation, the first of its kind globally, aims to balance innovation and safety, ensuring AI systems are trustworthy, transparent, and respect fundamental rights.

A. Core Objectives of the AI Act

The AI Act establishes a risk-based framework to regulate AI technologies across the EU. It categorizes AI systems into four risk levels:

1. Unacceptable Risk: AI systems that pose a significant threat to safety, livelihood, or rights, such as those used for social scoring or cognitive behavioral manipulation, are banned.
2. High Risk: These systems, which include applications in critical infrastructure, education, and employment, must meet stringent requirements before they can be marketed. This includes obtaining a CE marking to ensure compliance with EU standards.
3. Limited Risk: AI systems in this category are subject to specific transparency obligations, such as informing users they are interacting with an AI system.
4. Minimal or No Risk: These are largely exempt from additional regulatory burdens.

The Regulatory Framework defines 4 levels of risk for AI systems:

B. How does it all work in practice for providers of high-risk AI systems?

Once an AI system is on the market, authorities are in charge of market surveillance, deployers ensure human oversight and monitoring, and providers have a post-market monitoring system in place. Providers and deployers will also report serious incidents and malfunctioning.

C. Ensuring Trustworthy AI

To foster trust and transparency, the AI Act mandates several key measures:

• Pre-Market Conformity Assessments: High-risk AI systems must undergo thorough evaluations to ensure they meet EU standards for safety, security, and ethical considerations.
• CE Marking: Similar to other products within the European Economic Area, AI systems will require CE marking to indicate conformity with health, safety, and environmental protection standards.
• Transparency and Accountability: Developers must provide clear information on the AI system’s capabilities and limitations, ensuring users are well-informed.

D. Supporting Innovation

The EU aims to promote innovation without compromising safety through mechanisms such as:

• AI Regulatory Sandboxes: These allow developers to test AI systems in a controlled environment, facilitating innovation while ensuring regulatory compliance.
• Proportional Penalties: Fines for non-compliance are scaled based on the company’s size and revenue, ensuring that penalties are fair and encourage adherence to the regulations.

E. Governance and Enforcement

A robust governance structure will oversee the implementation of the AI Act:

• European Artificial Intelligence Board (EAIB): This new body will ensure consistent application of the rules across the EU.
• National Supervisory Authorities: These bodies will work alongside the EAIB to monitor compliance at the member state level.

F. Impact and Future Outlook

The AI Act is set to transform the AI landscape in Europe, creating a unified legal framework that not only protects consumers and citizens but also encourages technological advancement and market growth. By setting high standards for AI development and deployment, the EU aims to lead the world in ethical and innovative AI practices.

This pioneering regulation underscores the EU’s commitment to harnessing the benefits of AI while safeguarding its citizens’ rights and promoting a thriving digital economy.

Should you have any further questions, please do not hesitate to contact us at info@apapageorgiou.com.

Disclaimer: The information contained in this article is provided for informational purposes only, and should not be construed as legal advice on any matter. Andria Papageorgiou Law Firm is not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information.