Contact our AI Lawyers
Get in touch with our AI Act experts for more information on the AI Act and how they can help you. You can either contact them directly or reach out to them via aiact@taylorwessing.com!
Here, our AI Lawyers provide relevant background and information as well as the current status on the AI Act proposal:
This page is maintained by Taylor Wessing's AI Lawyers within our TMT Team based in Düsseldorf, Germany. We advise our clients on IT, telecommunications and data protection law and have particular experience in legal issues relating to digitalization and artificial intelligence.
The AI Act of the European Union is still in the making and this page is continuously updated. We encourage all visitors to contribute with ideas and suggestions. Do not hesitate to get in touch with us!
Detailed insights from our legal experts on the AI Act
Navigating the EU's AI regulation: An entrepreneur's guide
AI, lawful bases, transparency and fairness: how to thread the GDPR needle | Tech Me Up! Session #4
Tech Me Up! Session #4
by multiple authors
The autopilot’s fault? Who is liable when AI fails? | Tech Me Up! Session #3
Tech Me Up! Session #3
by multiple authors
Open source generative AI in games
Marie Keup and Lucas de Groot look at how games developers and publishers can ensure they don't run into issues when using open source generative AI in their games.
by Marie Keup and Lucas de Groot
6 of 6 Insights
What games businesses need to consider when drafting a generative AI acceptable use policy
Martijn Loth highlights the top ten considerations to help games businesses mitigate risks associated with using generative AI when developing video games.
by Martijn Loth
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The AI Act is adopted as a European regulation under an ordinary legislative procedure in accordance with Art. 294 TFEU. The AI Act proposed by the European Commission must be adopted jointly by the European Parliament and the Council of the EU. The Council has already published its position. In the Parliament, the proposed draft version is revised by various competent committees. In the case of the AI Act, the Internal Market Committee (IMCO) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE) are in charge. In addition, other committees are responsible for individual topics and articles of the AI Act. After the Commission's draft has been revised, the plenary then votes on the legislative text. As soon as the Parliament has adopted its own position, the Commission, the Council and the Parliament can start the final negotiations (so-called "trilogue").
Below you will find all relevant documents in our legislation tracker, with which we keep you up to date on the legislative process of the AI Act.
On 27 April 2023, the Parliament agreed on a draft. The key committees voted on the draft on 11 May 2023. The final vote in plenary took place in June 2023.
Date |
Document |
Document Type |
Link |
Description |
11 May 2023 | Position adopted by the key committees (IMCO and LIBE) | Position on Proposal |
EN | The Parliament also proposed amendments in its position on the legislative proposal. In particular, the heated discussions about general-purpose and generative AI – most prominent example: ChatGPT – gave rise to intensive revisions. First, the AI definition was brought in line with the OECD definition. Also, further AI practices were prohibited: Biometric identification systems, for example, are to be completely banned – contrary to what was originally proposed – without providing for exceptions for cases of terrorist attacks or kidnapping, for example. General-purpose AI and generative AI are to be regulated according to a tiered approach. According to this, the main responsibility should first fall on economic actors who integrate such AI into their applications. Providers of general-purpose AI should only have a supporting role with transparency obligations. In the case of generative AI, such as ChatGPT, on the other hand, a summary of the proprietary training data must be provided and it must be disclosed that the text is AI-generated. For classification as a high-risk AI system, it should now additionally be a condition that the system poses a significant risk to people’s health, safety or fundamental rights. |
Date |
Document |
Document Type |
Link |
Description |
06 December 2022 | General Approach |
Final Position on Proposal | EN | In its position, the Council has proposed changes to the original proposal of the Commission. For example, the position includes a restricted definition of AI. In addition, AI systems that serve military purposes or national security, as well as AI use by private individuals, are to be excluded from the scope of application. Social scoring should also be prohibited for private individuals – and not only for public authorities. But the list of high-risk AI systems has also been adjusted: For example, AI systems for the detection of deepfakes by law enforcement authorities and for crime analysis and evaluation of large data sets are no longer to be classified as high-risk. On the other hand, AI systems for risk assessment in life and health insurance and for use as security components in critical digital infrastructure were added as high-risk AI systems. |
25 November 2022 | Position on Proposal | Note on General Approach from Permanent Representatives Committee to Secretariat of the Council | EN |
Date |
Document |
Document Type |
Link |
Description |
28 September 2022 | Proposal AI Liability Directive | Legislative Proposal |
EN | The proposed directive aims to adapt the civil-law rules of non-contractual liability to the AI age. In particular, it provides for disclosure obligations for evidence and rebuttable presumptions. These are intended to take effect when obligations under the AI Act are breached and, in this way, improve the chances of success for harmed parties to claim damages. The AI Liability Directive is thus closely intertwined with the AI Act. |
21 April 2021 |
Proposal AI Act |
Legislative Proposal | EN |
The legislative proposal divides AI systems into four different risk categories according to its risk-based approach. Based on this, the proposal contains regulations on bans, lays down strict requirements and obligations for high-risk AI systems and provides for relatively lenient transparency obligations for other AI systems. In this way, the development, putting onto the market and use of AI systems in the European Union are to be regulated in a harmonised manner. |
21 April 2021 | Proposal AI Act Annex | Legislative Proposal | EN | The annexes contain further specifications that are referred to in the provisions of the regulation. For example: the techniques and concepts of Artificial Intelligence relevant to the AI Act, a list of high-risk systems or specifications on the conformity assessment. |
Date |
Document |
Document Type |
Link |
Description |
29 December 2021 | European Central Bank I European Central Bank II |
Opinion | EN EN |
|
02 December 2021 | European Committee of the Regions | Opinion | EN |
|
22 September 2021 | European Economic and Social Committee (EESC) | Opinion |
EN |
|
18 June 2021 | European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) | Opinion | EN | |
21 April 2021 | Final Impact Assessment (EU Commission) |
Impact Assessment | EN | |
23 July 2020 | Inception Impact Assessment (EU Commission) |
Impact Assessment | EN |
|
19 February 2020 | White Paper (EU Commission) | EN | ||
08 April 2019 | European Commission about Guidelines for Trustworthy Artificial Intelligence | Guidelines | EN | |
07 December 2018 | Coordinated Plan for Artificial Intelligence of the European Commission Annex to the Coordinated Plan |
Coordinated Plan | EN EN |
|
25 April 2018 | AI Strategy of the European Commission | Strategy | EN |
Date |
Document |
Document Type |
Link |
Description |
25 November 2022 | Statement by Germany on General Approach of the Council of the EU | Note | EN | |
November 2022 | Intellera Consulting | Report | EN | Estimating compliance costs for a small-medium AI provider |
November 2022 | Open Loop (supported by Meta) |
Report | EN | Testing of some articles of the AI Act with companies around the world to assess how understandable, feasible, and effective they are |
05 October 2022 | European Digital SME Alliance | Opinion | EN | |
05 October 2022 | European Association of the Machine Tool Industries and Related Manufacturing Technologies (CECIMO) | Opinion | EN | |
26 September 2022 | Expert Statements in German Parliament | Opinion | DE | |
19 September 2022 |
German Opinion | Opinion | EN | |
30 March 2022 | German Insurance Association | Opinion | DE | |
25 November 2021 | German Bar Association | Opinion | DE | |
10 August 2021 | German Banking Industry | Opinion | DE | |
06 August 2021 | German Electro and Digital Industry Association | Opinion | EN | |
06 August 2021 | German AI Association | Opinion | EN | |
04 August 2021 | German Medical Technology Association | Opinion | DE | |
30 June 2021 | German Women Lawyers Association | Opinion |
AI Act – Overviews
According to the AI Act, AI is defined as "software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with."
Annex I of the AI Act lists the following techniques and approaches that are considered to be part of AI:
It's worth noting that the AI Act's definition of AI is focused on its outputs and objectives, rather than its underlying technology or algorithms. The regulation aims to establish a framework for the ethical and trustworthy development and use of AI systems in the EU, with a focus on ensuring that they respect fundamental rights and are subject to human oversight.
The AI Act is a proposed regulation by the European Union that aims to establish a legal framework for the development, deployment, and use of AI systems in the EU. The proposed regulation seeks to ensure that AI systems used in the EU are transparent, reliable, and safe, and that they respect fundamental rights and values.
The AI Act covers a wide range of AI applications, including but not limited to:
The regulation governs a variety of aspects related to the development, deployment and use of AI systems, including:
The AI Act also establishes a European Artificial Intelligence Board, which will be responsible for overseeing the implementation and enforcement of the regulation across the EU.
The AI Act will affect a wide range of stakeholders involved in the development, deployment, and use of AI systems in the EU. In particular, the AI Act will be relevant for the following stakeholders:
The AI Act is primarily aimed at regulating the development, deployment, and use of AI systems in the EU. However, its impact is likely to be felt beyond the borders of the EU, given the global nature of the AI industry and the potential for AI systems to be used across multiple jurisdictions.
There are a few reasons why the AI Act may be relevant outside the EU:
The AI Act has not yet been adopted. The European Commission proposed the regulation in April 2021, and it will need to be reviewed and approved by the European Parliament and the Council of the EU before it can become law.
On 6 December 2022, the Council of the EU published its general approach regarding the AI Act proposal. During the last votes in the Parliament, heated discussions about new, disruptive AI applications on the market – namely: ChatGPT – caused delays in the process. On 27 April 2023, the Parliament agreed on a draft of its position. The leading committees voted on the draft on 11 May 2023. The final vote in plenary took take place in June 2023. The final negotiations, the so-called trilogue, begins.
It is therefore possible that the AI Act will still enter into force in 2023. The majority of the provisions will then apply another 24 months later, during which time companies and organizations will have to ensure that their AI systems comply with the requirements and obligations set out in the regulation.
Contact our AI Lawyers
Get in touch with our AI Act experts for more information on the AI Act and how they can help you. You can either contact them directly or reach out to them via aiact@taylorwessing.com!