News and Analysis of Artificial Intelligence Technology Legal Issues
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Are Europe’s Proposed AI Regulations Tough Enough?

The European Commission’s proposed new regulations for artificial intelligence (AI) technologies and systems (link to PDF here; issued April 21, 2021) include enforcement provisions that would empower public authorities to monitor regulated AI entities operating in the European Union (EU) and seek stiff fines from those that do not comply with the rules. The proposed regulations would also grant authorities the power to impose non-monetary penalties, including ordering offending companies to remove their AI systems from the EU market. These are some tough measures, assuming public authorities exercise their discretion in a way that actually incentivizes compliance and positive behavior.…

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Approaching Applicability of Europe’s Proposed AI Regulations as a Classification Task

The European Commission cast a wide regulatory net over artificial intelligence (AI) technologies and practices last month when it proposed new rules for AI on April 21, 2021 (link to PDF here). For those in the U.S. wondering whether the future rules might apply to them, the answer may be found following a regulatory applicability assessment (RAA), which is essentially a feature-driven classification problem, though a complex and legal one. That is, for a given AI system or practice, one must determine whether it is a “prohibited,” “high risk,” “limited risk,” or “minimal risk” system/practice based on the definitions of…

Ursula von der Leyen EU Commission President

Proposed New EU AI Regulations: A Pre-Planning Guide for U.S. In-House Counsel

If the European Commission’s newly proposed harmonized rules on Artificial Intelligence (the “Artificial Intelligence Act”) (published April 21, 2021) are adopted, U.S.-based AI companies operating in European Union (EU) countries (or expecting to do so) may soon be subject to significant new regulatory requirements. The proposed regulations (available PDF here), with few exceptions, would apply to companies or individuals (“providers”) who place on the market or put into service certain high-risk AI systems in the EU, “users” (including companies) of those AI systems who are located in the EU, and providers and users of such AI systems that are located…

EU’s New Plan for Regulating Artificial Intelligence: What US Companies Should Know

On February 19, 2020, the European Union Commission issued a plan for regulating high-risk artificial intelligence (AI) technologies developed or deployed in the EU. Calling it a “White Paper on Artificial Intelligence: a European Approach to Excellence and Trust,” the plan was published along with a companion “European Strategy for Data” and follows an earlier “AI Strategy” (2018) and AI-specific ethical guidelines (April 2019). In addition to presenting a framework for regulating “AI applications” in the EU, the Commission’s plan focuses on creating and organizing an ecosystem, encouraging cooperation among member states and institutions, creating infrastructure changes, and providing for…