Latest developments in AI Regulation
The recent political agreement on the EU AI Act, finalized just before the holiday season, is poised to significantly influence numerous entities. An updated brief on the EU AI Act is now available, reflecting these latest developments, along with a comprehensive webinar that provides an overview of the agreement, accessible on demand. Our team is increasingly focused on advising about the Act and is ready to offer assistance in this area.
EU Commission questions on EU AI Act
On December 12, 2023, the EU Commission released a set of FAQs offering insights into the AI Act and broader AI regulations. These FAQs address:
The Commission’s FAQs can be accessed here.
Updated Product Liability Directive and AI
On December 14, 2023, the Council of the European Union and the European Parliament agreed to modernize the EU's Product Liability Directive (PLD), reflecting the challenges of the digital era and the circular economy. The revised PLD is expected to broaden the definition of 'products' for claim purposes, encompassing digital manufacturing files and software, including AI.
The final version of the PLD, yet to be published, is anticipated to maintain an exemption for free and open-source software not used commercially, unless it is sold or exchanged for personal data not solely for enhancing security or compatibility. This aims to foster public-benefit innovation without liability concerns.
The revised PLD will be applicable to products entering the EU market 24 months post-enactment, with EU nations required to integrate the directive into national law by then. The agreement is pending formal endorsement by Member States’ Council representatives.
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UN AI Advisory Body’s Interim Report: Governing AI for Humanity
In December 2023, the United Nations Secretary-General’s AI Advisory Body released an interim report titled "Governing AI for Humanity." The report discusses AI governance, highlighting the global governance deficit in the AI sector and presenting initial recommendations. It calls for a better alignment between international norms and AI technology development and deployment. Stakeholders are invited to provide feedback through an online submission form by April 1, 2024.
ISO's New Standard for AI Management Systems
On December 18, 2023, the International Organisation for Standardisation (ISO) introduced ISO/IEC 42001:2023, a new management system standard for entities involved in AI-based products or services. This standard, which aligns with other ISO standards like ISO 9001 and ISO 27001, aims to ensure trustworthy, transparent, and accountable AI systems, emphasizing ethical principles.
Council of Europe’s Draft AI Framework Convention
Also on December 18, 2023, the Council of Europe's Committee on Artificial Intelligence released its Draft Framework Convention on Artificial Intelligence, Human Rights, Democracy, and the Rule of Law. This proposed legal framework, currently under refinement, aims to ensure AI systems uphold human dignity, democracy, and legal principles, and includes mechanisms for effective implementation.
UK Supreme Court Decision on AI and Patent Law
On December 20, 2023, the UK Supreme Court ruled in Thaler v Comptroller-General of Patents, Designs and Trade Marks that AI systems cannot be recognized as ‘inventors’ under UK patent law. This decision emerged from a case where Dr. Stephen Thaler sought to have an AI system named ‘DABUS’ credited as the inventor of certain technologies. The Court determined that under the Patents Act 1977, an ‘inventor’ must be a natural person, and that ownership of an AI system does not confer rights to claim patents for its creations. This ruling is consistent with similar decisions in the United States and Europe, emphasizing the need for potential legislative changes to address AI's role in innovation.