Update

The AI Act: did you know…? Part 1

Did you know that the AI Act is the world’s first comprehensive legislative framework specifically addressing artificial intelligence? This EU regulation is an important step in governing the development and use of AI, with attention to safety, transparency and fundamental rights.

What is the AI Act?

The AI Act regulates the development, placing on the market and use of AI systems within its scope. Its central aims include safeguarding fundamental rights and safety while supporting trustworthy technology.

Businesses developing or using AI may face obligations concerning risk assessment, transparency and human oversight. The framework is relevant not only to major technology companies but also to start-ups, software developers, technology buyers and organisations using AI in healthcare, finance, marketing and other activities. The particular duties depend on role, application and risk.

The framework seeks to balance innovation and risk management. AI creates substantial opportunities but also risks such as bias, opacity and safety problems. The legislation aims to address these without unnecessarily obstructing technological progress.

A risk-based framework

The AI Act entered into force on 1 August 2024, with provisions becoming applicable in stages. Businesses and public bodies therefore need to identify the deadlines relevant to their activities and prepare in time.

The risk-based approach differentiates between applications according to their potential impact:

  1. Prohibited practices: specified uses presenting unacceptable risks, including certain manipulative practices, social scoring and biometric uses, subject to the precise statutory conditions and exceptions;
  2. High-risk systems: designated applications, including particular uses in healthcare, transport and law enforcement, with demanding requirements concerning data governance, documentation, human oversight and monitoring;
  3. Transparency-related risks: applications subject to duties such as informing people that they are interacting with AI;
  4. Minimal-risk applications: many ordinary uses, such as spam filtering and gaming, face fewer AI-specific requirements, although other applicable law remains relevant.

What does this mean for your organisation?

For businesses developing, buying or using AI, compliance also offers an opportunity to strengthen customer and stakeholder confidence. Demonstrable attention to safety and responsible use supports a trustworthy market position.

Guldemond Advocaten assists with implementing AI Act requirements through legal advice, compliance reviews, risk assessments and contractual arrangements.

What follows in Part 2?

The next part examines six principal roles in the AI value chain, both within and outside the EU, their responsibilities and preparation for the applicable requirements.

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