The Artificial Intelligence Regulation was published today in the Official Journal of the European Union.
This is Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 establishing harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139, (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828.
Some key ideas:
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The Regulation is a horizontal, risk-based instrument.
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The Regulation aims to promote the adoption of trustworthy and human-centred AI and to ensure a high level of protection of health, safety and fundamental rights against potential risks posed by AI.
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Prohibits certain uses of AI that are considered to pose unacceptable risks.
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It classifies certain AI systems as high risk and establishes strict requirements for these systems, as well as obligations for participants in the value chain, including companies that use AI systems.
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Regulates the introduction of general-purpose AI models into the market.
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It imposes transparency obligations in relation to certain AI systems, especially those intended to interact with natural persons and to generate content.
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It builds an institutional system of governance and oversight and provides for high penalties for violations.
Main features:
✅ The indeterminacy of many decisive elements in the standard, which are left to later developments.
✅ The early announcement of the expiry of many of its provisions by delegating to the European Commission the power to modify relevant issues, both in the articles and in the annexes.
✅ The incorporation of controlled testing spaces (sandbox) in real conditions that imply exceptions to the general rules of the Regulation.
✅ The call for participation in the process of developing and specifying standards by independent experts in artificial intelligence and by the technology companies involved with AI.
✅ The global effect of the Regulation, a qualified Brussels effect beyond that of the General Data Protection Regulation.
