EU Council adopts proposed AI Act on artificial intelligence

On December 6, 2022, the EU Council made a bold move to regulate artificial intelligence systems with their proposal for the AI Act.

This ambitious legislation aims to enhance Europe Union’s digital transformation by creating a safe and ethical digital realm for both citizens and businesses. By implementing this act, the EU is committed to upholding fundamental rights and values as they pave the way for a brighter, more technologically advanced future.

The regulatory track and targets of the proposed AI Act on artificial intelligence

As the European Union strives to become a world leader in artificial intelligence, it is crucial that citizens and businesses have confidence in the ethical and responsible use of AI systems. To achieve this, the EU is determined to ensure that these systems align with relevant regulations and meet high standards of technical and moral excellence. In April 2022, the European Commission took a major step towards this goal by releasing a draft of its position on the AI Act. After a thorough examination by the European Council and Parliament, the Council recently released a legislative proposal with amended provisions to facilitate its implementation. With these measures in place, the EU is poised to establish itself as a beacon for responsible and innovative use of artificial intelligence. The legislation on artificial intelligence systems addresses both producers, defined as “any natural or legal person, public authority or other body that develops or causes to be developed an artificial intelligence system,” and end users, identified as “any natural or legal person that uses an artificial intelligence system under its own authority.“

The approach taken in the act distinguishes artificial intelligence systems on the basis of the level of risk they pose, dividing them into

unacceptable level of risk, and therefore prohibited, such as social scoring;
high level of risk-targeted by the proposed legislation, such as tools for analyzing and ranking candidates’ CVs as part of a selection interview; and
limited or minimal level of risk, such as chatbots, which are simply encouraged to adhere to voluntary codes of conduct.

It is now up to the negotiations between European Parliament and Council to find common ground for agreement on adopting the official document.

What are the main new elements of the AI Act compared to the previous draft?

The changes made by the Council of the EU to the previous AI Act proposal to introduce European legislation on artificial intelligence are aimed at making the legal framework clear and practical in nature, with a focus on improving governance and effective enforcement.