On March 13, the European Parliament passed the Artificial Intelligence Act, which aims to ensure safety, respect for fundamental rights, and foster innovation in the field.
The rapid rise and popularity of Artificial Intelligence have been followed by regulations. And where there are regulations, lawyers are needed to ensure compliance. This new regulation adds to the existing data protection laws, which are highly relevant to AI systems, as they are often trained and applied using personal data. The lawfulness of the process of obtaining and using such data is crucial.
The new regulation focuses on the risks posed by the use of this technology and classifies AI systems according to the danger they present to fundamental human rights.
It establishes categories of: unacceptable risk, high risk, limited risk, and minimal risk systems.
Unacceptable risk systems are prohibited. For the others, a series of requirements must be met depending on their classification. These range from obtaining certification from newly established oversight authorities to the obligation to inform subjects exposed to AI systems, following the principle of transparency. A new version of risk assessments, known as algorithmic risk assessments, is also introduced.
The regulation follows the principle of proactive responsibility, similar to the General Data Protection Regulation (GDPR). It requires companies to anticipate and act preventively, while also documenting all measures taken to comply with legal and ethical standards, minimizing risks and avoiding potential violations. This involves implementing policies, procedures, and controls to prevent issues and violations from occurring.
The regulation applies to:
- Providers who market or use AI systems in the European Union, regardless of where these providers are located.
- Providers and users from third countries whose systems produce results used in the Union.
- Users physically present or established in the EU.
- Providers of these systems, their authorized representatives, importers, and distributors.
