A key step towards adoption of the EU AI Act was reached last Friday as the draft text received unanimous approval from the European Council’s main preparatory body. There are further votes to follow before the Act is adopted, but it’s looking likely that the final vote will take place in April and some substantive provisions of the Act could be in force soon after that, possibly by the end of the year. We set…
The ICO has recently launched a public consultation on the first chapter of its draft guidance on generative AI and data protection. This consultation has a particular focus, it is a call to explore the lawful basis for extracting data from the web to train generative AI models (a process which is becoming more common across numerous markets). The ICO is requesting input from developers, users and wider interested parties. What is generative AI? Generative…
While the EU is driving ahead towards comprehensive, rules-based regulation of artificial intelligence (AI), other jurisdictions like the UK have been holding back, adopting a sector-specific principles-based approach to governing AI. Recent announcements by the Australian Government suggest that the antipodean jurisdiction will take a middle road, with the government acknowledging that additional mandatory safeguards are required for “high-risk” AI applications but contemplating more flexibility in lower-risk contexts. In 2023, the Australian Government conducted a…
Whilst the EU’s AI Act has been grabbing all the headlines, the draft AI Convention has been flying under the radar. But not for much longer. The Convention, also sometimes called the ‘AI Treaty’, has been drafted by the Council of Europe. If adopted, it will be the first legally binding international convention on AI. The latest draft is not the final version, but contains text that is still subject to negotiation. We’ve set out…
Late in the evening on Friday 8 December in Brussels was a historic moment for AI regulation in Europe. After three days of extensive final debate the EU Parliament, Council and Commission finally announced provisional agreement on the EU AI Act, the bloc’s landmark legislation regulating development and use of AI in Europe. It is one of the world’s first comprehensive attempts to regulate the use of AI. The EU AI Act awaits formal adoption…
In a month already full of activity with respect to regulation of artificial intelligence (AI) globally, the U.S. Federal Trade Commission (FTC) has continued to assert its role in regulating AI in the US. On November 21, 2023, FTC commissioners unanimously resolved to streamline the FTC’s ability to issue civil investigative demands (CIDs) regarding AI in products and services. FTC staff may now more easily compel release of documents, information, and testimony as part of…
What makes the Regulatory Sandbox that Spain has just approved (on November 9; coinciding with the Spanish presidency of the Commission of the European Union) so interesting? It is a sort of practical “general rehearsal” of compliance with the future EU AI Act. Participating companies will be able to make mistakes and learn without incurring the legal risks that will follow from non-compliance with the EU AI Act, when it enters into force. In addition,…
The EU has published its draft Standard Contractual Clauses for the procurement of AI (AI SCCs). These are drafted for public organisations wishing to procure AI systems developed by an external supplier, and are based on the requirements for high-risk AI systems in the EU AI Act. The AI SCCs might be a good starting point, but dig a little deeper, and you’ll find that the clauses are based on some fundamental (but questionable) assumptions.…
Last week was incredibly busy in terms of AI governance developments, on both sides of the Atlantic and globally. While countries are racing to demonstrate their leadership on AI governance on the global stage, common themes continue to emerge. Policymakers recognise the need to strike a balance between the opportunities and potential that this technology can bring, on the one hand, and the risks and challenges posed by AI, on the other hand. There is…
On October 30, 2023, President Biden issued a 63-page Executive Order to define the trajectory of artificial intelligence adoption, governance and usage within the United States government. The Executive Order outlines eight guiding principles and priorities for US federal agencies to adhere to as they adopt, govern and use AI. While safety and security are predictably high on the list, so too is a desire to make America a leader in the AI industry including…