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The rapid development of artificial intelligence (AI) brings both enormous opportunities and potential risks. As a global leader in technology regulation, the European Union is setting its sights on establishing a comprehensive legal framework to govern AI and unlock its benefits for society, while protecting fundamental rights. With the proposal of the Artificial Intelligence Act (AI Act) in April 2021, the EU is strengthening its ambition to set the global standard for reliable AI.
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Summary of the EU AI law
An ambitious initiative to regulate all facets of AI
The AI Act provides the world’s first comprehensive regulatory framework for AI. The comprehensive legislation classifies AI systems based on their risk level, prohibits certain types of practices, outlines obligations for high-risk AI systems, sets transparency requirements, and more. The scope of the initiative is ambitious and includes the development, deployment and use of AI across all sectors.
“As with any new technology, artificial intelligence brings risks, challenges and opportunities,” said Margrethe Vestager, Executive Vice President of the European Commission. “With these groundbreaking rules, the EU is leading the world in trustworthy and ethical artificial intelligence – a key competitive advantage in today’s world. Our new rules are future-proof and principle-based, combining a high level of consumer protection with obligations and requirements that are flexible enough to stimulate innovation.”
Risk-based approach to regulating AI practices
The hallmark of the EU’s approach is that the obligations are tailored to the level of risk posed by the AI system. Four risk categories determine which regulations are applied:
- Unacceptable risk: Completely banned AI systems that are considered a clear threat to health, safety and fundamental rights are banned outright. This includes AI used for social scoring systems that could lead to discrimination or exploitation.
- High risk: Subject to strict obligations AI systems such as self-driving cars, employment matching software, credit scoring models and more are labeled as risky due to their significant impact on people’s lives. These systems face an extensive set of obligations for data quality, documentation, transparency, human oversight and robustness to prevent damage.
- Limited risk: Special transparency rules Deploying AI systems such as chatbots and content filtering tools carries limited risks and must comply with transparency obligations so that users understand that they are interacting with an AI system.
- Minimal risk: No specific regulations AI applications classified as low or minimal risk are exempt from the regulations, but must still comply with existing EU laws regarding safety, consumer rights and non-discrimination.
Restrictions on the use of biometric identification and “manipulative” AI
In addition to the risk-based categories, the AI Act prohibits certain types of particularly dangerous applications:
- Biometric identification systems in public spaces by law enforcement officers
- AI systems intended to exploit vulnerabilities or manipulate people for commercial gain
- AI that enables ‘social scoring’ by governments
These restrictions are intended to protect fundamental rights and democracies by limiting the most threatening applications of AI. Lawmakers pledge to preserve justice and people’s autonomy to make decisions without AI-powered interference.
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Governance structure to guide implementation
To support effective implementation across the EU, the legislation provides for governance structures and European Advisory Councils:
- The European High-Level Expert Group on Artificial Intelligence advises the European Commission on AI strategy.
- Collaborating national competent authorities monitor the implementation of rules in their country.
- The European Artificial Intelligence Board (EAIB) facilitates the alignment of standards and guidelines for compliance.
Together, these groups will provide critical coordination and insights as complex AI regulations take effect in diverse countries and contexts.
Preparing for the global impact of the AI Act
As the world’s first cross-sector framework for AI systems, the legislation aims to strike a balance between enabling AI innovation and protecting people. By taking an ethical, risk-based approach to classifying mandatory standards, lawmakers aim to promote reliable technological progress.
The European Commission plans to finalize the AI law proposal in early 2023 and start enforcing the regulations 18 months after its adoption, likely in 2024. This timeline gives developers a transition period to adapt to the new compliance requirements.
Yet the impact of the AI Act promises to extend beyond the borders of the EU. As home to many leading AI innovators, EU rules often become the de facto global standard. By anchoring trust and human rights in its regulatory approach, Europe is sending a strong signal that ethical and socially responsible AI is the way forward if this transformative technology is to benefit all people.
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