Take-Aways (AI)
- Adoption and timing: Key provisions of the AI Act will come into force in stages between February 2025 and August 2027.
- Scope: The AI Act applies where AI expenditure is likely to affect individuals in the EU, regardless of physical deployment in the EU.
- Compliance instruments: Codes of Practice for General-Purpose AI and an AI Pact are intended to facilitate compliance and will be developed by March 2025 or on an ongoing basis.
On August 1, 2024, the EU Commission Q&A to AI Act published. They are a good place to start if you are new to the topic. The following information is also of interest:
- The Commission had the Standardization organizations CEN and CENELEC in May 2023 to define standards for the requirements for high-risk systems and will now compare the mandate with the final version of the AI Act;
- The Commission is in the process of drawing up guidelines for classifying a system or use case as high-risk;
- the topic Scope is only touched on, but the AI Act should apply, among other things, if the use of an AI system affects people in the EU. This suggests that it is sufficient if the output is also used (as intended) in the EU. Accordingly, the authorities will hardly assume that a provider places a system on the market or puts it into operation in the EU, although this is part of the legal definition of a provider;
- again to the Timeframe of entry into force:
- The prohibitions, definitions and provisions related to AI literacy will apply 6 months after entry into force on 2 February 2025;
- The rules on governance and the obligations for general purpose AI become applicable 12 months after entry into force on August 2, 2025;
- The obligations for high-risk AI systems that classify as high-risk because they are embedded in regulated products, listed in Annex II (list of Union harmonization legislation), apply 36 months after entry into force on 2 August 2027.
- Art. 56 AEOI provides for Codes of Practice are planned. The first will concern General-Purpose AI (GPAI). Its compliance will give rise to a presumption of compliance. It will currently being drawn up with the participation of civil society and should be available by the end of March 2025;
- the AI Pact as a framework for implementing the requirements – or preparing for them – is currently being developed.