Standardizing AI - The Case of the European Commission's Proposal for an Artificial Intelligence Act

The Cambridge Handbook of Artificial Intelligence: Global Perspectives on Law and Ethics

23 Pages Posted: 9 Aug 2021

See all articles by Martin Ebers

Martin Ebers

Humboldt University of Berlin - Faculty of Law; University of Tartu, School of Law

Date Written: August 6, 2021

Abstract

On April 21, 2021, the European Commission presented its long-awaited proposal for a Regulation “laying down harmonized rules on Artificial Intelligence”, the so-called “Artificial Intelligence Act” (hereinafter: AIA). Most of the provisions of the AIA deal with high-risk systems, setting out obligations on providers, users and other participants across the AI value chain, establishing in particular, conformity assessment procedures to be followed for each type of high-risk AI system.
At the heart of the proposal is the idea of co-regulation through standardization based on the New Legislative Framework (NLF). According to Recital (61) AIA, “[s]tandardization should play a key role to provide technical solutions to providers to ensure compliance with this Regulation”. Accordingly, this chapter provides a critical analysis of the proposal, discussing in particular, how the envisaged system of co-regulation, standardization and certification could contribute to European governance of AI and address the manifold ethical and legal concerns of (high-risk) AI systems.

Keywords: Artificial Intelligence, AI, Artificial Intelligence Act, AIA, standardization, regulation, co-regulation

JEL Classification: K00, K20

Suggested Citation

Ebers, Martin, Standardizing AI - The Case of the European Commission's Proposal for an Artificial Intelligence Act (August 6, 2021). The Cambridge Handbook of Artificial Intelligence: Global Perspectives on Law and Ethics, Available at SSRN: https://ssrn.com/abstract=3900378 or http://dx.doi.org/10.2139/ssrn.3900378

Martin Ebers (Contact Author)

Humboldt University of Berlin - Faculty of Law ( email )

Unter den Linden 6
Berlin, D-10099
Germany

University of Tartu, School of Law ( email )

Tartu
Estonia

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