THE EU AI ACT OFFICIALLY PUBLISHED IN EU OFFICIAL JOURNAL

Authored by Tanima Bhatia

Key Highlights

  1. Comprehensive Regulation Framework: The EU AI Act establishes strict regulations for AI systems, categorizing them into prohibited, high-risk, and general-purpose models to ensure safety, transparency, and respect for fundamental rights.
  2. Implementation Timeline: The Act will enter into force on August 1, 2024, with phased enforcement for different AI systems:
    1. Prohibited systems: February 1, 2025
    2. General-purpose AI models: August 1, 2025
    3. High-risk systems (Annex III): August 1, 2026
    4. Other high-risk systems (Annex II): August 1, 2027
  3. Implications for the AI Industry: The Act will lead to compliance costs and require significant adjustments by AI developers. It sets a global regulatory precedent and emphasizes ethical AI practices, potentially influencing international AI standards and market dynamics.

Introduction

On July 12, 2024, the EU AI Act got officially published in the EU Official Journal. This landmark regulation, formally known as Regulation (EU) 2024/1689, marks a significant step in the European Union’s efforts to regulate artificial intelligence (AI) technologies. In this blog, we will explore the key aspects of the EU AI Act, its timeline, and its implications for the AI industry.

Key Provisions of the EU AI Act

The EU AI Act establishes a comprehensive legal framework for AI technologies, aiming to ensure they are safe, transparent, and respect fundamental rights. Here are the main provisions:

  1. Prohibited AI Systems: Certain AI systems are outright prohibited under the Act due to their potential to harm individuals or society. These include AI systems that manipulate human behavior or exploit vulnerabilities in a harmful manner.
  2. High-Risk AI Systems: AI systems deemed high-risk must comply with strict requirements, including risk management, data governance, transparency, and human oversight. These systems are used in critical areas such as healthcare, transportation, and law enforcement.
  3. General Purpose AI Models: The Act sets rules for general-purpose AI models that can be adapted for various applications. These models must meet requirements for accuracy, robustness, and cybersecurity.
  4. Transparency Obligations: AI systems interacting with humans, such as chatbots, must be designed to inform users that they are interacting with AI. This provision aims to ensure transparency and build trust in AI technologies.

Timeline of the Act

The journey began on April 21, 2021, when the European Commission proposed the regulation. Following this, a public consultation period concluded on June 30, 2021, with 304 submissions received. The first compromise text was shared by the EU Council on December 6, 2021, and the Committee on Legal Affairs published its amendments on March 2, 2022. The Council of the EU adopted its general approach on June 1, 2022, leading to the European Parliament’s negotiating position, which was adopted on December 6, 2022, with significant support. A provisional agreement between the Parliament and the Council was reached on June 14, 2023, with all 27 member states endorsing it. By December 9, 2023, the AI Act was approved by the Internal Market and Civil Liberties Committees, followed by the official launch of the European Artificial Intelligence Office. Finally, on February 13, 2024, the European Council formally adopted the EU AI Act, marking a significant step in regulating AI technologies in the EU​. Check our info sheet here.

With the publication of the EU AI Act, a specific timeline for its implementation has been triggered:

  • Entry into Force: The Act will enter into force 20 days after its publication, making it effective from August 1, 2024.
  • Prohibited Systems: Six months from the entry into force, the rules regarding prohibited systems will be enforced, starting February 1, 2025.
  • General Purpose AI Models: Twelve months from the entry into force, rules for general-purpose AI models will come into effect, starting August 1, 2025.
  • High-Risk Systems (Annex III): Twenty-four months from the entry into force, regulations for high-risk systems under Annex III will be enforced, starting August 1, 2026.
  • Other High-Risk Systems (Annex II): Thirty-six months from the entry into force, regulations for other high-risk systems under Annex II will be enforced, starting August 1, 2027.

Implications for the AI Industry

The EU AI Act is a significant regulatory step with far-reaching implications for the AI industry. Here are some of the key impacts:

  1. Compliance Costs: AI developers and businesses will incur costs to ensure compliance with the Act’s requirements. This includes investing in risk management systems, transparency measures, and obtaining certifications for high-risk AI systems.
  2. Innovation and Development: While the Act aims to foster innovation, there is concern that stringent regulations could stifle creativity and slow down the development of new AI technologies. However, the emphasis on safety and ethical considerations is expected to enhance public trust in AI.
  3. Global Influence: The EU AI Act sets a precedent for AI regulation globally. Other regions and countries may adopt similar frameworks, influencing international standards for AI technologies.
  4. Market Dynamics: Companies that can swiftly adapt to the new regulations may gain a competitive advantage. Compliance with the EU AI Act could become a selling point, demonstrating a commitment to ethical AI practices.

Conclusion

The EU AI Act represents a monumental step in the regulation of artificial intelligence, aiming to balance innovation with safety and ethical considerations. While the implementation of this Act will require significant effort and investment from the AI industry, it also paves the way for a more transparent and trustworthy AI ecosystem. As the timeline unfolds, stakeholders must stay informed and proactive in meeting the Act’s requirements, ensuring that AI technologies continue to benefit society while safeguarding fundamental rights.

Further Reading

For a detailed reading of the Act, you can visit the official journal or find the EU AI Act.

References:

  1. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ%3AL_202401689#d1e2090-1-1