Keys to the European Artificial Intelligence Regulation

What is artificial intelligence? What are the keys to the new European regulation on Artificial Intelligence? What are the new developments and proposals in Europe regarding Artificial Intelligence? From Gentile Law, expert lawyers in data protection and digital regulations, we explain everything you need to know to understand the challenges of Artificial Intelligence (AI) from a legal point of view. To do so, we will start with its concept, what is Artificial Intelligence?

What is Artificial Intelligence?

What is Artificial Intelligence? It is worth noting, as a starting point, that AI is composed of systems that exhibit intelligent behavior by analyzing their environment and and carrying out actions, with a certain degree of autonomy, to achieve a specific objective.

Thus, advances in computing power, the availability of huge amounts of data and new algorithms have enabled allowed for significant advances in AI, such as the now well-known ChatGPG developed by Open AI, in recent years and it now plays a central role in the digital transformation of society, which has become a priority for the European Union (EU).

It is for that reason that it has become a priority of the European Union (EU). What does the new Artificial Intelligence regulation proposed by the European Union consist of?

Although AI can bring significant benefits to society, such as innovative projects in biotechnological research, health, transportation, education, and climate change, it can also pose ethical and privacy risks. The collection and use of personal data can generate concerns about the privacy and security of individuals.

Therefore, it is essential that the development of AI be carried out in a responsible, ethical, and transparent manner, with appropriate regulation and effective supervision to ensure its safe and beneficial use for society.

Legal keys of the Artificial Intelligence regulation proposed by the European Union

The European Commission has been working on a proposal for an AI Regulation since 2021, that is, in an Artificial Intelligence Law, which aims to establish clear and harmonized rules to ensure that AI is safe, ethical, and respects fundamental rights.

Before the AI regulation proposal, the European Commission published the Ethics Guidelines for Trustworthy AI in 2019 and the White Paper on AI that serves as a guide for the European Commission to develop an EU policy on artificial intelligence. The document identifies opportunities and challenges associated with AI and sets a roadmap for the development of European policy in this area.

Keys to the regulation of the European Union`s Artificial Intelligence Act

Regarding the EU AI Regulation, it is expected to establish a set of clear and harmonized rules to ensure that AI is safe, ethical, and respects fundamental rights. Among the keys to the European Regulation on Artificial Intelligence are:

• Obligations of AI providers: AI providers will have to comply with certain requirements to ensure that AI is safe and respects fundamental rights.
• Prohibitions: The Regulation will prohibit the use of certain practices that are considered unacceptable, such as AI used to manipulate people`s behavior.
• Risk assessment: Organizations using AI systems will have to carry out a risk assessment to identify and mitigate the risks associated with the use of AI.
• AI certification: The AI Regulation will establish a voluntary certification system for AI systems that meet certain safety and ethical requirements.

The process of reviewing the Artificial IntelligenceRegulation is complex, and there is still no approximate date for its approval, but modifications to the current draft are expected, and it is expected to be approved sometime in 2023 and come into effect a few months after its approval.

Thus, from Gentile Law, expert lawyers in data protection, we will keep you informed about the legal developments in Artificial Intelligence and the proposals of the European Union in AI.

Marta Batalla Eguidazu

martabatalla@gentile.law

+34 684 46 04 26