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.

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:

• Machine learning approaches, including supervised, unsupervised and reinforcement learning, using a wide variety of methods including deep learning
• Logic- and knowledge-based approaches, including knowledge representation, inductive (logic) programming, knowledge bases, inference and deductive engines, (symbolic) reasoning and expert systems
• Statistical approaches, Bayesian estimation, search and optimization methods.

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:

• Biometric identification and categorization systems
• Critical infrastructure, such as transport and energy systems
• Educational and vocational training systems
• Employment, workers, and human resources management systems
• Law enforcement and judicial systems
• Marketing and advertising systems
• Recruitment and human resources systems
• Social scoring systems

The regulation governs a variety of aspects related to the development, deployment and use of AI systems, including:

• Classification of AI systems: The regulation distinguishes between different types of AI systems, depending on the level of risk they pose. High-risk AI systems, such as autonomous vehicles or credit scoring systems, are subject to stricter requirements and controls than lower-risk AI systems, such as chatbots.
• Requirements for AI systems: The regulation sets out minimum requirements that AI systems must meet in order to be safe, transparent, reliable and accountable. These include requirements for data quality, human supervision and control, transparency and traceability of decisions, and compliance with ethical principles.
• Conformity assessment and certification: The regulation provides that high-risk AI systems must be subject to conformity assessment and certification to ensure that they meet the requirements and standards of the regulation.
• Responsibility and sanctions: The regulation stipulates that the responsibility for the use of AI systems lies primarily with the providers and users of the systems and provides for possible sanctions for violations of the regulation.
• Monitoring and oversight: The regulation requires EU Member States to establish appropriate monitoring and oversight authorities to ensure compliance with the requirements and standards of the regulation.

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:

• AI developers and providers: Companies and organizations that develop or provide AI systems in the EU will need to comply with the requirements and obligations set out in the regulation.
• Users and operators of AI systems: Companies and organizations that use or operate AI systems in the EU will need to ensure that they comply with the requirements and obligations set out in the regulation.
• Regulators and supervisory authorities: National authorities in the EU will be responsible for enforcing the regulation and ensuring that AI systems used in their respective countries comply with the requirements and obligations set out in the regulation. The European Artificial Intelligence Board will provide guidance and support to national authorities in this regard.
• Consumers and citizens: The regulation aims to protect the rights and interests of consumers and citizens in the EU who interact with AI systems. This includes ensuring that AI systems are transparent and that users are informed about the use of AI in their interactions with companies and organizations.

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:

• Compliance with the AI Act may be required for companies that operate in the EU or provide AI systems to customers in the EU. Companies based outside the EU that provide AI systems to EU customers will need to ensure that their systems comply with the requirements and obligations set out in the regulation.
• The AI Act may influence the development of AI regulations in other jurisdictions. Other countries and regions may look to the EU's regulatory approach as a model for their own AI regulations, or may seek to align their regulations with the EU's standards in order to facilitate cross-border trade and cooperation.
• The AI Act's focus on ethical and trustworthy AI may set a precedent for global AI governance. The regulation's emphasis on ensuring that AI systems respect fundamental rights and values, such as human dignity and privacy, reflects a growing global consensus on the need for ethical and responsible AI.

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.