The Proposal for the Artificial Intelligence Act: Considerations around Some Key Concepts
Forthcoming in Università Ca' Foscari di Venezia - Dipartimento di Economia - Collana Centro Studi Giuridici - Wolters Kluver - CEDAM
29 Pages Posted: 16 May 2022
Date Written: May 2, 2022
The proposal for the Artificial Intelligence (“AI”) Act has broken new ground in many respects. Most visibly, the proposal introduces the first comprehensive draft regulatory framework for AI in the EU and, for the time being, on a global level. In addition, the proposal contains several innovative approaches linked to the specificities of its subject matter and to the fact that it has to interact as smoothly as possible with a very wide range of existing legal frameworks in the EU.
A number of important choices were therefore made to ensure that the AI Act could meet quite unprecedented challenges. The paper aims to briefly outline some of those choices with the hope to help facilitating the understanding of the overall logic of the proposal and it is structured as follows.
After some introductory statements, section II explains the classification of AI systems as products. Section III delves into the essential features of the so-called New Legislative Framework (NLF), a well-known and experimented type of EU legislation that constitutes the fundamental regulatory model of the AI Act. This section also highlights certain adaptations made to the NLF tools in order to take into account certain specificities of AI systems. Having clarified the philosophy behind and the core architecture of the AI Act, section IV discusses briefly how that architecture has been shaped by a number of important points of contact (at times real “interlocks”) between the AI Act and other existing or proposed EU legal acts beyond the realm of NLF product legislation.
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