EU AI Act : Harmonized Rules on AI Systems

The EU's AI regulatory approach as defined in the EU AI Act, the first EU AI Regulation is designed to balance public interest and innovation, with a strong emphasis on ensuring the safe and ethical use of AI technology while fostering an innovative European AI ecosystem. In order to ensure a level playing field and an effective protection of rights and freedoms of individuals across the Union, the rules established by this Regulation apply to #providers of AI systems that are established within the Union or in a third country and to #deployers of AI systems established within the Union.

In order to ensure a consistent and high level of protection of public interests as regards health, safety and fundamental rights, a set of common rules for all high-risk AI systems will need to be established.

Here are the top 5 essential characteristics for the set of common rules as harmonized rules as per the last draft version of the Act (Jan 2024)

• Consistent Protection: Establish common rules for all high-risk AI systems to ensure consistent and high-level protection of public interests, including health, safety, and fundamental rights.
• Alignment with Charter: Ensure that the rules are consistent with the Charter of Fundamental Rights of the European Union.
• Non-Discriminatory Approach: The rules should be non-discriminatory and align with the Union's international trade commitments.
• Consideration of Declarations and Guidelines: The rules should take into account the European Declaration on Digital Rights and Principles for the Digital Decade (2023/C 23/01) and the Ethics Guidelines for Trustworthy Artificial Intelligence (AI), the guidelines and 7 key principles. (The seven principles include: human agency and oversight; technical robustness and safety; privacy and data governance; transparency; diversity, non-discrimination and fairness; societal and environmental well-being and accountability)

Union Legal Framework

A Union legal framework laying down harmonised rules on artificial intelligence is therefore needed to foster the development, use and uptake of artificial intelligence in the internal market that at the same time meets a high level of protection of public interests, such as health and safety and the protection of fundamental rights, including democracy, rule of law and environmental protection as recognised and protected by Union law.

Applicability of AI Regulation

• The regulation on AI systems applies across different sectors and aligns with the New Legislative Framework (#NLF)
• It doesn't override existing Union laws, including those on data protection, consumer protection, fundamental rights, employment, worker protection, and product safety and is complementing in nature to these laws.
• Consumers and others impacted by AI systems retain all rights and remedies provided by Union law, including compensation for damages.
• It doesn't interfere with Union laws on social policy, national labor laws, or fundamental rights, such as the right to strike or negotiate collective agreements.
• The Regulation aims to enhance existing rights and remedies by setting specific requirements for transparency, technical documentation, and record-keeping of AI systems.
• Operators in the AI value chain must fulfill obligations under the Regulation, without disregarding national laws that limit certain AI systems or serve other legitimate public interests.
• National laws on labor and minors' protection, not specific to AI systems and pursuing other public interest objectives, remain unaffected by the Regulation.
• Protection of Ethical Principles: This regulation ensures the safeguarding of ethical principles, as requested by the European Parliament.

Characteristics of harmonised rules

To achieve that objective, clear and robust harmonised rules regulating the placing on the market, putting into service and use of certain AI systems should be laid down.

Applicability for non-EU providers

In order to ensure a level playing field and an effective protection of rights and freedoms of individuals across the Union, the rules established by this Regulation should apply to providers of AI systems in a non-discriminatory manner, irrespective of whether they are established within the Union or in a third country, and to deployers of AI systems established within the Union

The regulation aims to make Europe a leader in developing secure, trustworthy, and ethical AI, as emphasized by the European Council.

Disclaimer: The views and opinions expressed are my own analysis and not representative of the views of my association with organizations in the past or present. These insights provided are not intended to be a source of #regulatory advice.