Throughout the past year, the field of artificial intelligence (AI) became a more effective tool for daily use, and as a result, the legal environment surrounding technology began to evolve. From the shaping of global regulations and laws to numerous lawsuits filed over copyright and data breach claims, artificial intelligence was on everyone’s radar. So, how is the process continuing? Let’s examine together.
In 2023, the European Union became one of the first regions to make significant progress in legislating the deployment and development of high-level artificial intelligence models. The EU Artificial Intelligence Act was first proposed in April and accepted by the Parliament in June. European Parliament and Council negotiators announced on December 8th that they had reached a provisional agreement on the draft.
When the draft is fully implemented, it will regulate the government’s use of artificial intelligence in biometric surveillance, oversee large AI systems like ChatGPT, and establish transparency rules that developers must comply with before entering the market. However, the draft has already begun to receive serious criticism from the technology sector.
Lothar Determann, a partner at Baker McKenzie and author of Determann’s Field Guide to Artificial Intelligence Law, made the following statement regarding the pushback from developers and delays:
Seeing a similarly delayed timeline with the enforcement of the EU Artificial Intelligence Act seems entirely possible.
Determann pointed out that despite reaching an agreement at the beginning of December, the final text has not yet been published and added that some key member state politicians, including the President of France, have expressed concerns about the current draft:
This reminds me of the EU’s announcement in 2016 that the General Data Protection Regulation would come into effect in May 2018, yet five years later, the e-privacy regulation has still not been finalized.
Laura De Boel, a partner at the Brussels office of the law firm Wilson Sonsini Goodrich & Rosati, also noted that the development in December was a political agreement and that the official acceptance would take place at the beginning of 2024:
Rules on prohibited artificial intelligence systems will apply six months later, and rules related to artificial intelligence will apply after 12 months. Other requirements of the artificial intelligence law, except for the obligations for high-risk systems defined in Annex II, which will apply after 36 months, will be applied after 24 months.
The advancements in AI regulation continue to shape the legal landscape in the European Union. With the EU Artificial Intelligence Act on the horizon, the government’s use of AI will be regulated, large AI systems will be overseen, and transparency rules will be established to ensure compliance before market entry. However, there have been concerns and delays, with experts drawing parallels to past instances of delayed implementation. The final text of the draft legislation has yet to be published, and key politicians have already expressed their reservations. It remains to be seen how this regulatory framework will unfold and impact the field of artificial intelligence moving forward.
