EU Artificial Intelligence Act Published

By Madelaine Harrington & Marty Hansen on July 17, 2024

On 12 July 2024, EU lawmakers published the EU Artificial Intelligence Act ("AI Act"), a first-of-its-kind regulation aiming to harmonise rules on AI models and systems across the EU. The AI Act prohibits certain AI practices, and sets out regulations on "high-risk" AI systems, certain AI systems that pose transparency risks, and general-purpose AI ("GPAI") models.

The AI Act's regulations will take effect in different stages. Rules regarding prohibited practices will apply as of 2 February 2025; obligations on GPAI models will apply as of 2 August 2025; and both transparency obligations and obligations on high-risk AI systems will apply as of 2 August 2026. That said, there are exceptions for high-risk AI systems and GPAI models already placed on the market:

• for most high-risk AI systems that have been placed on the market or put into service in the EU before 2 August 2026, the AI Act will apply only if those systems are subject to "significant changes" in their designs after that date; and
• for GPAI models that have been placed on the market in the EU before 2 August 2025, the AI Act's rules will not apply to them until 2 August 2027.

The AI Act requires the Commission, among other things, to develop guidelines or adopt secondary legislation on: practical implementations of the Act, including on the definition of an AI system; prohibited practices; transparency obligations; obligations applicable to high-risk AI systems and responsibilities along the AI value chain; and the relationship of the AI Act with the Union harmonisation legislation set out in Annex I of the AI Act. The Commission has indicated that both the guidelines on the practical implementation of the AI system definition and those on prohibited practices will be published in the next six months.

The Covington team has monitored the AI Act since its inception, and it has published numerous blogs the substance of the AI Act and its progress through the legislative process:

• EU Parliament Adopts AI Act
• EU AI Act: Key Takeaways from the Compromise Text
• EU Artificial Intelligence Act: Nearing the Finish Line
• EU Parliament's AI Act Proposals Introduce New Obligations for Foundation Models and Generative AI
• A Preview into the European Parliament's Position on the EU's AI Act Proposal

If you have questions about the AI Act, or other tech regulatory matters, we are happy to assist with any queries.