Demystifying the Draft EU Artificial Intelligence Act

TL;DR

This paper analyzes the European Commission's proposed AI Act, highlighting its strengths, legal implications, and potential shortcomings, emphasizing the need for addressing enforcement and national policy concerns.

Contribution

It provides a comprehensive overview and critical analysis of the Draft AI Act, revealing legal implications and policy challenges not thoroughly discussed before.

Findings

Some provisions have surprising legal implications.

Certain rules may be ineffective at achieving their goals.

Enforcement regime and harmonization pose significant concerns.

Abstract

In April 2021, the European Commission proposed a Regulation on Artificial Intelligence, known as the AI Act. We present an overview of the Act and analyse its implications, drawing on scholarship ranging from the study of contemporary AI practices to the structure of EU product safety regimes over the last four decades. Aspects of the AI Act, such as different rules for different risk-levels of AI, make sense. But we also find that some provisions of the Draft AI Act have surprising legal implications, whilst others may be largely ineffective at achieving their stated goals. Several overarching aspects, including the enforcement regime and the risks of maximum harmonisation pre-empting legitimate national AI policy, engender significant concern. These issues should be addressed as a priority in the legislative process.