TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

TAX & LAW TELEGRAM

Let our experience be your guide 

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The first EU AI Regulations published in the EU Journal of Laws – Part 1.

The Artificial Intelligence Act (AI Act) is the first law in the world to comprehensively address the challenges of developing Artificial Intelligence. The new EU legislation requires implementation in the EU Member States.

The AI Act was approved by the European Parliament on 21 May 2024. A large majority of MEPs voted in favour of the AI Act: 523 deputies were for, whereas only 46 -against. This means that many MEPs see the need to regulate this area and are concerned that the development of Artificial Intelligence will remain out of control.

The AI Act was published in the Official Journal of the European Union on 12 July 2024. This is an important date, as it is from this date that we count the date of entry into force of this EU regulation. This means that some of the provisions must be applied as early as 1 September 2024 (20 days after publication in the EU journal), while the effective date of individual provisions has been postponed until 2025-2027. In the coming weeks, we will discuss the most important elements of this important regulation in a series of articles.

In this article, we will briefly describe what the objectives of the AI Act are and why it could have a significant impact on the lives of every European. In the following articles, we will focus on specific issues and reflect on the concrete consequences of the new legislation.

Basic objectives

The Artificial Intelligence Act aims to establish uniform rules on Artificial Intelligence that will apply throughout the European Union. Its primary objective is to define clear requirements and obligations for specific applications of Artificial Intelligence.

According to the AI Act, any AI system should meet three conditions:

  • be lawful,
  • respect ethical principles and rules
  • and be secure and technically robust.

The Act aims to ensure that EU Citizens can benefit from new technologies developed and operating in accordance with EU values and their fundamental rights. Thus, for example, the use of Artificial Intelligence systems to identify individuals will not be permitted.

4 levels of risk

The AI Act introduces four categories of risk levels associated with Artificial Intelligence applications:

  • unacceptable,
  • high,
  • limited,
  • minimal (no) risk.

Each of these levels entails specific obligations for AI providers and AI users. AI applications from the unacceptable level will be overly prohibited.

Response in Poland

The adoption of the AI Act has also resonated in Polish politics. The Ministry of Digitalisation, for example, has indicated that it envisages the introduction of national legislation on so-called ,,regulatory sandboxes for Artificial Intelligence systems” so as to facilitate the development and testing of innovations before they are marketed or put into use.

It is also envisaged to set up or select from existing institutions to oversee and regulate AI in the market.

Admittedly, the entry into force of the regulations on Artificial Intelligence itself into the Polish legal system will not take place in Poland until the end of 2026, but it will be a significant revolution in the use of Artificial Intelligence.

Summary

The Artificial Intelligence Act is a landmark event that opens up a new legal reality. On the one hand, it is a response to a global technological challenge to protect Europeans from the dangers of Artificial Intelligence. On the other hand, however, it raises the question of whether this legislation will hinder its development in Europe.

Links: Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on Artificial Intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial IntelligenceAct).

Authors:
Wojciech Paryś, Attorney-at-law (PL)
Zofia Kwiatkowska, Lawyer

+49 30 88 03 59 0
berlin@vonzanthier.com
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