The EU AI Act: Between Product Safety and Fundamental Rights

26 Pages Posted: 30 Dec 2022 Last revised: 26 Jan 2023

See all articles by Marco Almada

Marco Almada

European University Institute, Department of Law (LAW), Students

Nicolas Petit

European University Institute - Department of Law (LAW)

Date Written: December 20, 2022

Abstract

The European Union (“EU”) Artificial Intelligence Act (the AI Act) is a legal medley. Under the banner of risk-based regulation, the AI Act combines two repertoires of European Union (EU) law, namely product safety and fundamental rights protection. Like a medley, the AI Act attempts to combine the best features of both repertoires. But like a medley, the AI Act risks delivering insufficient levels of both product safety or fundamental rights protection. This article describes these issues by reference to three classical issues of law and technology. Some adjustments to the text and spirit of the AI Act are suggested.

Keywords: European Union law, AI regulation, standardization, risk-based regulation

Suggested Citation

Almada, Marco and Petit, Nicolas, The EU AI Act: Between Product Safety and Fundamental Rights (December 20, 2022). Available at SSRN: https://ssrn.com/abstract=4308072 or http://dx.doi.org/10.2139/ssrn.4308072

Marco Almada (Contact Author)

European University Institute, Department of Law (LAW), Students ( email )

Nicolas Petit

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy

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