The European Union dealt on comprehensive rules for Artificial Intelligence
Friday, 12 de january de 2024
The European Union moves toward regulating the use of artificial intelligence
The European Union (“EU”), on December 9th, reached a pioneering and provisional deal to regulate the use of artificial intelligence ("AI"), which to be converted into EU Law (so-called the "AI Act") requires formal approval from the European Parliament and the European Council.
The political deal between the countries of the European community and the European Parliament establishes a framework that considers the potential benefits of the use of the technology, as well as the risks connected therewith.
The new regulation is grounded on the "risk-based approach", in which a specific set of applications faces stricter supervision and restrictions. Furthermore, it provides that the human presence and supervision are essential requirements in the creation and implementation of these systems.
Among the main propositions of responsibilities of the legal entities that produce AI technology, foreseen for the new regulation, are:
- Guarantee of the people’s rights to present complaints about AI systems and request clarification about decisions that impact their rights;
- Assessment and mitigation of systemic risks and performance of contradictory tests;
- Clarification and indication of the use of AI-generated content, such as manipulated images, "deepfakes";preparation of technical documents on the content;
- Drafting of a technical document on the contents;
- Reporting serious incidents to the European Commission, as well as ensuring cybersecurity;
- Detailed summaries of the content generated by the systems; and
- Adherence to EU copyright law.
The legal entity that does not comply with the new AI regulations will be subject to fines set as a percentage of its global annual turnover in the previous fiscal year or a predetermined amount, whichever is greater, as follows:
- EUR 35 million or 7% per breach of prohibited AI applications;
- EUR 15 million or 3% for breach of the obligations established by the AI Act;
- EUR 7 million or 1.5% for providing incorrect information.
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