Summary:
La loi sur l’intelligence artificielle de l’UE, entrée en vigueur le 1er août 2024, vise à réglementer le développement et l’utilisation des systèmes d’IA. Elle impose des exigences variées selon les niveaux de risque, afin de renforcer la confiance des utilisateurs et favoriser l’innovation. Toutes les organisations utilisant l’IA en Europe, qu’elles soient fabricants ou utilisateurs, doivent se conformer à cette législation. Les sanctions en cas de violation peuvent atteindre 30 millions d’euros, d’où l’importance d’une conformité anticipée.
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Original Article:
The EU AI Act: Are you ready for the new legislation?
AI continues to garner much-deserved attention from business leaders for its transformational potential. However, all this enthusiasm has also brought a persistent concern: How will AI be regulated?
This ongoing uncertainty has been identified as the top barrier to AI adoption in recent KPMG surveys. With the passage of the European Union (EU) Parliament’s Artificial Intelligence Act (AI Act), many organisations will now start to gain clarity as they navigate the specifics of this first-of-its-kind legislation. It was published in the _Official Journal of the European Union_ on 12 July 2024 and entered into force on 1 August 2024.
The idea behind the AI Act is that the higher the risk of an AI system, the more stringent are the associated requirements and obligations. AI regulation is intended to increase user confidence in AI within the EU and thereby create better conditions for innovation for manufacturers and users of AI applications. The EU AI Act casts a wide net, affecting any organisation that uses AI technology as part of products or services delivered in the EU.
Many aspects of the EU AI Act will be challenging for organisations to implement and address, particularly in terms of technical documentation for the testing, transparency, and explanation of AI applications. On top of this, it is also essential that organisations crack the code on how to bridge the gap between the legal aspects and the practical aspects of AI use.
Violations of the AI Act can result in fines of up to 30 million euros or up to six percent of total annual global sales for the previous fiscal year, making the sanctions comparable to those of the GDPR.
The AI Act’s formal approval starts the clock on a series of regulations that will roll out over two years. The new law includes a specific definition of AI, tiered risk levels, detailed consumer protections, and much more.
### What is the EU AI Act?
The EU Artificial Intelligence Act (AI Act) is the first horizontal and standalone AI Framework. It is designed to regulate both the development and use of AI, aiming to ensure that AI systems are safe and respect fundamental rights.
### Who is affected?
The obligations of the EU AI Act affect manufacturers, suppliers, and distributors of AI systems, product manufacturers who incorporate AI systems into their products, and users of AI systems. Essentially, it impacts virtually every company involved with AI in the EU.
### When will it apply?
The AI Act entered into force on 1 August 2024. The AI Act is slated to be implemented incrementally over time. Instead of a single official start date, various regulations and controls will be introduced in phases. Below you can see a timeline of important dates:
* 2 August 2024 – First provisions come into force.
* 2 February 2025 – The first provisions on the prohibition of unacceptable AI systems, requirements for AI literacy, and general provisions enter into force.
* 2 May 2025 – Codes of practice for General Purpose AI (GPAI) and documentation requirements for technical architecture come into force.
* 2 August 2025 – Obligations for the deployers of AI models for general purpose and provisions on sanctions.
* 2 August 2026 – Obligations for high-risk AI systems enter into force.
* 2 August 2027 – EU notes of guidance detailing and categorising high-risk AI systems as specified in Article 6 (1) come into force.
* 2031 – The final assessment will be published by the Commission.
### Getting Started with the EU AI Act
Organisations are encouraged to focus on compliance and begin integrating the requirements of the AI Act. This involves understanding AI tools, conducting compliance gap analyses, and preparing both technical and operational changes. Training employees and developing appropriate documentation for testing and transparency are also crucial first steps in addressing the legislation’s demands.
Violations of the act can result in significant penalties, underlining the importance for organisations to start their journey to compliance early. With the phased implementation schedule, businesses have the opportunity to adapt progressively to the regulatory requirements while minimising disruption.