Today It has officially entered into force the first-ever legal framework on AI

An important milestone in the world of artificial intelligence has been reached: the AI Act has officially come into force on 1st of August 2024.

We remind that the AI Act is a regulatory framework by the European Commission seeking to create a unified approach to AI regulation across EU member states and addressing risks associated with AI while promoting innovation.

• Timetable

On 12th of July the AI Act has been published in the Official Journal of the European Union and it entered into force 20 days after, according to the Article 113.

In terms of applicability, the AI Act has a general applicability starting with 2 August 2026. However, certain provisions will apply earlier, starting with 2 February 2025. This concerns the ones related to the prohibited AI practices.

Other provisions will apply starting with 2 August 2025. This concerns the ones related to general-purpose AI rules (GPAI), governance rules, notification procedures and the provisions regarding confidentiality and penalties.

The obligations for high-risk systems will apply starting with 2 August 2027.

• Prohibited AI practices

According to the timeline provided by the AI Act, the first provisions that will apply are the rules related to the prohibited AI practices, which will apply within 6 months.

According to the AI Act, the following AI practices are prohibited:

·????? Covert influence (manipulating individuals subconsciously or through deceptive methods);

·????? Targeting (as long as it exploits a person's age, disability, or socioeconomic status);

·????? Social behaviour scoring;

·????? Predictive policing (profiling individuals to predict criminal behaviour, with specific exceptions);

·????? Real-time biometric surveillance in public spaces (with limited exceptions for law enforcement);

·????? Facial recognition databases;

·????? Deducing emotions (in settings such as workplaces and educational institutions, except in limited circumstances);

·????? Biometric categorisation (to infer characteristics like race, political stance, or sexual orientation, except for in limited circumstances).

• Transparency obligations for AI systems

Starting with 2 August 2026, among others, the provisions regarding the transparency obligations will apply.

The AI Act highlights 4 transparency obligations applicable to providers and deployers of AI systems, regardless of whether they qualify as High Risk:

·????? Providers must design the system in such a way that the natural persons concerned are informed that they are interacting with an AI system;

·????? Providers of AI systems, including GPAI systems, generating synthetic audio, image, video or text content must ensure that the AI system’s outputs are marked in a machine readable format and detectable as artificially generated or manipulated;

·????? Deployers of an emotion recognition system or a biometric categorisation system must inform the natural persons exposed thereto of the operation of the system, and must process the personal data in accordance with the relevant General Data Protection Regulations and Directive;

·????? For the systems that generate or manipulate image, audio or video content constituting a deep fake, and texts that inform on matters of public interest, deployers must disclose that the content has been artificially created or manipulated.

The AI Act is set to have a major impact on businesses, making compliance essential for them. Businesses that offer or sell AI systems in the EU market, or use AI systems within the EU, will be affected. These companies will need to establish and sustain strong AI governance programs to ensure they meet the regulatory requirements, or they risk facing financial penalties and damage to their reputation.

Beatrice Onica-Jarka & Asocia?ii is delighted to assist you in implementing the best policies and internal guidelines within your company, ensuring that your business meets the new AI regulatory standards.

By Andreea C?lin