Artificial Intelligence Act

Here you'll find all relevant and recent updates on the AI Act.

Introduction on the AI Act of the European Union

In April 2021, the European Commission presented its proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules for AI, also known as the AI Act of the European Union.

Here, our AI Lawyers provide relevant background and information as well as the current status on the AI Act proposal: 

  • An article feed with relevant articles and comments, 
  • the Taylor Wessing legislation tracker,
  • links to all relevant documents,
  • graphic overviews on specific AI Act topics,
  • frequently asked questions and answers,
  • as well as relevant links for other information and further research.

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!

Artificial Intelligence Act

Fair trial to determine AI liability?

The disclosure concept of the draft AI Liability Directive.

12 October 2022
In-depth analysis

by Dr. Christian Frank, Licencié en droit (Paris II / Panthéon-Assas)

Click here to find out more
Robots hand
Artificial intelligence & machine learning

Artificial Intelligence Act (AIA) - Legal uncertainty for medical device manufacturers

30 November 2021
Briefing

by Dr. Daniel Tietjen and Dr. Niclas von Woedtke, MBA (Kellogg/ WHU)

Click here to find out more
Multi Coloured Computer Wafer Macrophotography
Technology, media & communications

EU moves to ban high-risk AI

24 May 2021

by Debbie Heywood

Click here to find out more
Interface February 2023

IoT - next gen

5 Insights

Click here to find out more

The AI Act of the European Union: Legislation tracker

To better understand the current status of the AI Act and to not miss any development, our legislation tracker will keep you updated on the legislative process:

COMMISSION

Date

Document

Document Type

Link

Description

28 September 2022 Proposal AI Liability Directive  Legislative Proposal
EN   
21 April 2021  Proposal AI Act
Proposal AI Act Annex 
Legislative Proposal  EN
EN
 

PARLIAMENT

PARLIAMENT: IMCO + LIBE

Date

Document

Document Type

Link

Description

13 June 2022 Amendments 310-538
Amendments 539-773
Amendments 774-1189
Amendments 1190-1580
Amendments 1581-2005
Amendments 2006-2355
Amendments 2356-2726
Amendments 2727-3019
Amendments 3020-3312
Proposed Amendments  EN
EN
EN
EN
EN
EN
EN
EN
EN
 
 20 April 2022 Draft Report Draft EN   
PARLIAMENT: ITRE

Date

Document

Document Type

Link

Description

14 June 2022
 Final Opinion EN
  • SMEs and start-ups: more involvement, especially in "regulatory sandboxes"
  • Cybersecurity: high but realistic standards
31 March 2022 Amendments 127-381
Amendments 382-663
Amendments
EN 
EN
 
03 March 2022  Draft Opinion Draft EN  
PARLIAMENT: JURI

Date

Document

Document Type

Link

Description

12 September 2022 
 Final Opinion EN 
  • Transparency and user information: extended and more detailed obligations
  • Emotion recognition and biometric categorisation: prior consent required
  • Deep fakes: extended labelling obligations; exceptions for artistic content
24 March 2022 Amendments 310-527
Amendments 528-746
Amendments 747-965
Amendments EN
EN
EN
 
 02 March 2022 Draft Draft Opinion EN   
PARLIAMENT: CULT

Date

Document

Document Type

Link

Description

16 June 2022 
Final Opinion EN  High-risk systems: expansion of listed applications in the field of education, media and culture
 01 April 2022 Amendments 57-270 Amendments  EN   
 21 February 2022 Draft Opinion Draft  EN   
PARLIAMENT: ENVI

Date

Document

Document Type

Link

Description

22 April 2022

Final Opinion EN   
25 January 2022 Amendments 68-268   Amendments  EN  
10 December 2021  Draft Opinion Draft EN   
PARLIAMENT: TRAN

Date

Document 

Document Type

Link

Description

12 July 2022
Final Opinion EN  
04 May 2022 Amendments 74-311 Amendments  EN   
29 March 2022  Draft Opinion Draft  EN  
COUNCIL OF THE EU

Date

Document 

Document Type

Link

Description

 06 December 2022 Council calls for promoting safe AI that respects fundamental rights  General approach EN  
 25 November 2022 Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence and amending certain Union legislative acts  General approach EN  
 11 November 2022 Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence and amending certain Union legislative acts  General approach EN   
03 November 2022 Final Compromise Text of the Czech Presidency of the Council for Submission to COREPER (Committee of Permanent Representatives) Final Compromise Text EN  
19 October 2022 Compromise Texts of the Czech Presidency of the Council No. 4

EN

  • Material scope of application: exception for non-professional purposes
  • High-risk systems: AI for pollution control deleted, AI for insurances added
  • Transparency: Warning of significant damage obligatory in instructions for use; especially deep fakes do not affect artistic freedom
  • Sanctions: further infringements and calculation factors for the amount of fines added
23 September 2022 Compromise Texts of the Czech Presidency of the Council No. 3 – Art. 30-85 EN  
16 September 2022 Compromise Texts of the Czech Presidency of the Council No. 3 – Art. 1-29 EN
  • Scope: restriction to systems based on machine learning techniques and knowledge-based approaches; definition of autonomy added; exception for scientific research and development
  • High-risk systems: classification only in case of significant risk for health, safety or fundamental rights; categories deleted, e.g. insurance or environmental protection
  • Authorities: extension of powers
15 July 2022 Compromise Texts of the Czech Presidency of the Council No. 2 EN  
17 June 2022  Opinion Czech Presidency of the Council  

EN

 
15 June 2022 Compromise Text of the French Presidency of the Council Consolidated Version FR  
16 May 2022 Progress Report French Presidency of the Council EN  
13 May 2022 Compromise Texts of the French Presidency of the Council Art. 3(1b), 4a-4c
FR  

06 May 2022

Compromise Texts of the French Presidency of the Council
Art. 56-58, 63-69 FR  
03 May 2022 Compromise Texts of the French Presidency of the Council
Art. 70-85 FR   
25 April 2022 Compromise Texts of the French Presidency of the Council
Art. 30-39, 59-62 FR  
04 April 2022 Compromise Texts of the French Presidency of the Council
Justice and Home Affairs FR  
07 March 2022 Compromise Texts of the French Presidency of the Council
Art. 53-55a
FR  
15 February 2022 Compromise Texts of the French Presidency of the Council
Art. 40-52 FR  
03 February 2022 Compromise Texts of the French Presidency of the Council Art. 16-29 FR  
13 January 2022 Compromise Texts of the French Presidency of the Council Art. 8-15 FR  
29 November 2021 Compromise Text Slovenian Presidency of the Council
EN  
22 November 2021 Progress Report Slovenian Presidency of the Council
EN  
     

Other relevant documents on the AI Act

AI Act – Overviews

AI act tracker

Fines on the AI Act

Get an overview

More

FAQ on the AI Act

What is Artificial Intelligence?

In Computer Science, there is no binding definition of „Artificial Intelligence“. Art. 3 (1) of the proposed AI Act defines Artificial Intelligence systems broadly 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”. 

Such techniques and approaches listed in Annex I are, among others, machine learning including deep learning or logic- and knowledge-based approaches.

What does the AI Act regulate?

The AI Act aims to harmonise rules on AI systems in the European Union. Following a risk-based approach, it regulates the prohibition of certain AI systems, and sets out several obligations for the development, placing on the market and use of AI systems.

Who is affected by the AI Act?

The AI Act mainly addresses providers of AI systems. Also, under certain conditions product manufacturers, importers, distributors, users, or other third parties can be subject to obligations. These are defined in Art. 3 respectively.

Is the AI Act relevant outside the EU?

Art. 2 (1) provides that the regulation applies to

  • “providers placing on the market or putting into service AI systems in the Union, irrespective of whether those providers are established within the Union or in a third country”,
  • “users of AI systems located within the Union”, and
  • “providers and users of AI systems that are located in a third country, where the output produced by the system is used in the Union”.

Thus, the AI Act has a rather wide, „extraterritorial“ scope and is applicable, under certain conditions, also outside the EU.

When does the AI Act take effect?

At the moment, there is no definite answer to this question. Currently, the final trilogue of the European Commission, the Council of the European Union and the European Parliament is expected to take place at the end of 2022. Thus, the AI Act might enter into force already in 2023. According to Art. 85, the AI Act will then apply 24 months after that date.

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!

 

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