
Artificial Intelligence
New regulations for dealing with AI have come into force.
PP – 02/2025
The initial regulations for dealing with artificial intelligence (AI) have been in force in the EU
since 2 February. These regulations set clear standards for using and
developing AI. They include AI system definitions, AI employee expertise
requirements as well as the banning of specific AI systems and are intended to
ensure the protection of basic rights and ethical principles when dealing with
AI.
Risk-based approach to hazard assessment
The AI Act regulations follow a risk-based
approach. AI systems are classified differently as they depend on the risk
they pose to the security and basic rights of citizens. AI applications that
pose clear threats to basic rights, livelihoods and security are considered to
be unacceptable risks and are banned. High-risk AI systems that are used in
critical areas such as healthcare, human resources or justice are permitted
subject to strict security and transparency requirements. AI systems that pose
a limited risk must be clearly identifiable as such in order to avoid any
deceptions. Conversely, applications with minimal risks are subject to hardly
any regulation.
Special requirements for companies using AI
Since 2 February,
all companies that develop or use AI systems must assess them according to their
level of risk and implement appropriate measures to meet the legal
requirements. These requirements include transparency obligations that will
inform users when they are interacting with an AI. Furthermore, businesses are
obliged to clearly explain how their AI systems work. High-risk AI is not
allowed to make decisions completely autonomously, but requires human
supervision. Employees who work with AI systems must also be trained in the
safe use of AI technologies. The object of these requirements is to ensure
responsible AI use.
Guidelines covering risk assessment have been published
The European Commission has also
published non-legally binding guidelines that define the bans on specific AI systems. For example, emotion recognition
in the workplace, social scoring and manipulative AI are all banned.
Manipulative AI refers to systems that use subconscious stimuli or targeted
deceptions. These guidelines are intended to make it easier for companies to
assess the risk of their AI systems and to realise a standardised
interpretation of AI law throughout the EU.
High penalties for violations of the AI Act
Companies that
violate the new regulations must expect high penalties. Fines of up to 35
million euros or seven per cent of annual global turnover can be imposed,
depending on the severity of the violation. This is intended to ensure that AI
technologies are used responsibly within the EU and in line with European
values.
Mixed reactions to the new regulations
Whereas some
experts welcome the regulations in order to create legal certainty for companies,
others express concerns about the possible scope of interpretation and
practical implementation. These requirements pose major challenges especially
for small and medium-sized businesses. The extent to which the regulations will
affect rapid AI development is also being discussed. Some people are calling
for regular updates in order to adapt the regulations to help developments and
not to hinder innovation. Overall, the regulations mark a significant step in
European AI regulation. However, it remains to be seen to what extent they will
be implemented in practice and what impact they will have on AI development and
use in the EU.