Will the EU AI Act Impact Higher Education Outside the EU? The Answer Is Yes /or Possibly. Here’s Why.

Will the EU AI Act Impact Higher Education Outside the EU? The Answer Is Yes /or Possibly. Here’s Why.

The European Union ’s groundbreaking AI Act has been making waves across industries, but what does it mean for universities, vocational schools, and higher education institutions outside the EU?

If you’re thinking, “This doesn’t affect us; we’re not in the EU,” think again. The EU AI Act’s extraterritorial reach means it could still apply to institutions and organizations outside the EU if their AI systems interact with individuals or institutions within the EU. And yes, this includes admissions systems and processes.

Education Systems Are Classified as "High Risk"

Under the EU AI Act, AI systems used in education are classified as “high-risk”, meaning they come with additional compliance requirements. Institutions must audit their systems to ensure proper classification and functionality, and mandatory staff training on the responsible use of AI is required - with deadlines approaching quickly.

Three Scenarios to Watch For

Here are three real-world examples where the EU AI Act might come into play for non-EU institutions:


1. Scholarship Decisions for EU-Based Applicants

A U.S. university uses AI to process applications for merit-based scholarships. An EU student applies, and the AI determines eligibility. When the scholarship decision is shared with the student in the EU, the output of the AI system is used within the EU. Result? Compliance with the EU AI Act may be required.


2. Collaborations with EU-Based Schools

A UK university partners with an EU high school to attract international students. The AI system powering the admissions platform provides analytics and tailored advice for the EU-based school’s students. Result? The AI output is actively influencing decisions within the EU, triggering possible compliance obligations.


3. Joint Degree Programs with EU Institutions

A U.S. university participates in a joint-degree program with an EU-based partner. Admissions are processed via a shared AI platform, and applicant evaluations are used by both universities. Result? The EU university’s involvement means the AI output is directly utilized within the EU, making compliance necessary.


What Should Universities and Higher Education Leaders Do?

The EU AI Act is set to phase in over the coming years, and its implications for AI systems, like those used in admissions, scholarship allocation, and recruitment, are significant. Institutions outside the EU need to be aware of how their AI-driven operations intersect with EU regulations. Key areas to monitor include:

  • Admissions systems: Are they analyzing or processing data from EU applicants?
  • Collaboration agreements: Are you working with EU-based schools or institutions?
  • Communication channels: Are AI-generated outputs being sent to EU students, parents, or schools?

Why This Matters

Non-compliance with the EU AI Act could result in significant fines (up to 6% of global annual turnover), reputational damage, or restrictions on operations involving EU applicants. For institutions using platforms like #UCAS or #CommonApp, this means ensuring the AI tools align with emerging regulatory standards, especially when handling applications for students under 18.

What’s Next?

The EU AI Act represents a new era of governance for AI systems. Even if your institution isn’t in the EU, the ripple effects of this legislation will impact higher education globally. Leaders must act now to assess risk, audit systems, and plan for compliance.

Have questions about the EU AI Act’s extraterritorial reach? Let’s discuss in the comments!


Pro Tip for Institutions: Collaboration with legal and compliance experts is essential and necessary to start now, as we enter this new regulatory reality for AI in education.


For expert consulting and tailored training, contact:

Clara Hawking AI Governance Specialist | Strategic AI Leader | Expert in AI Strategy and Integration

Darren Coxon AI Strategist | Specialist in Training, Policy, and Tools Shaping the Future of Education

Andrew Kaiser

Founder/CEO Educated AI ~ School Principal (Retired) ~ LearningGarden.ai

4 个月

Interesting. There is tremendous resistance in the tech industry to the EU regulation and major players are limiting AI access to EU markets as a result in order to avoid regulation. The incoming US administration may abandon AI regulation completely. Have to see what happens to EU ability to compete. External forces are going to be challenging to avoid in the AI "race".

Dwayne Matthews O.C.T (he/him)

Strategic Partnerships | Innovation Evangelist | Future of Education Strategist | XPRIZE Advisor | Keynote Speaker

4 个月

Sounds like there are well intentioned protections. It also sounds like there will be additional risks around operational challenges to comply and innovation risks in higher education that could impact everything from computer use to democratization of educational access. It also sounds like it will drive away smaller AI companies that may not be able to keep up with some of the compliance and changes. All conjecture at this point. It will be interesting to see how this impacts Europe and global organizations. Very interesting considering the incoming US administration and the emerging non Western BRIC alliance.

Kirsten Durward

Independent Consultant | Professional Development, Leadership Development, Coaching,

4 个月
Darren Coxon

AI Governance, Training and Tools for Safe Innovation in Schools and Colleges.

4 个月

I'm not sure many realise just how significantly this will change education across the world in the coming years. When the EU sneezes, the UK as a minimum will catch a cold on this. No one is exempt and every provider and user of AI needs to understand how the Act will impact them.

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