Demystifying the Draft EU Artificial Intelligence Act

Computer Law Review International (2021) 22(4) 97-112

16 Pages Posted: 2 Aug 2021 Last revised: 29 Nov 2021

See all articles by Michael Veale

Michael Veale

University College London, Faculty of Laws

Frederik Zuiderveen Borgesius

iHub, Radboud University, Nijmegen

Date Written: July 31, 2021

Abstract

In April 2021, the European Commission proposed a Regulation on Artificial Intelligence, known as the AI Act. We present an overview of the Act and analyse its implications, drawing on scholarship ranging from the study of contemporary AI practices to the structure of EU product safety regimes over the last four decades. Aspects of the AI Act, such as different rules for different risk-levels of AI, make sense. But we also find that some provisions of the Draft AI Act have surprising legal implications, whilst others may be largely ineffective at achieving their stated goals. Several overarching aspects, including the enforcement regime and the risks of maximum harmonisation pre-empting legitimate national AI policy, engender significant concern. These issues should be addressed as a priority in the legislative process.

Keywords: EU, Artificial Intelligence Act, AI, AI Act, Regulation, harmonisation, discrimination, GDPR, New Legislative Framework

JEL Classification: K12, K00, D10, D11, D20, D30, D40, D60, D70, L00, L11, L20, L51

Suggested Citation

Veale, Michael and Zuiderveen Borgesius, Frederik, Demystifying the Draft EU Artificial Intelligence Act (July 31, 2021). Computer Law Review International (2021) 22(4) 97-112, Available at SSRN: https://ssrn.com/abstract=3896852

Michael Veale

University College London, Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

Frederik Zuiderveen Borgesius (Contact Author)

iHub, Radboud University, Nijmegen ( email )

Nijmegen
Netherlands

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