Internal Deployment in the AI Act

TL;DR

This paper examines how the European Union AI Act applies to internal deployment of AI models, analyzing interpretative pathways, objections, and exceptions to clarify legal scope and implications.

Contribution

It offers a detailed legal analysis of internal AI deployment under the AI Act, proposing interpretative pathways and examining exceptions and their interplay.

Findings

Supports application of AI Act to internal deployment through interpretative pathways

Analyzes objections and exceptions, especially the scientific R&D exception

Shows how Articles 2 and 3 can be interpreted as complementary

Abstract

This memorandum analyzes and stress-tests arguments in favor and against the inclusion of internal deployment within the scope of the European Union Artificial Intelligence Act (AI Act). In doing so, it aims to offer several possible interpretative pathways to the European Commission, AI providers and deployers, courts, and the legal and policy community at large based on Articles 2(1), 2(6), 2(8) of the AI Act. Specifically, this memorandum first analyzes interpretative pathways based on Article 2(1)(a)-(c) supporting the application of the AI Act to internally deployed AI models and systems. Then, it examines possible objections and exceptions based on Articles 2(6) and 2(8), with particular attention to the complexity of the scientific R&D exception under Article 2(6). Finally, it illustrates how Articles 2(1), 2(6), and 2(8) can be viewed as complementary to each other, once broken down to their most plausible meaning and interpreted in conjunction with Articles 3(1), 3(3), 3(4), 3(9), 3(10), 3(11), 3(12), 3(63), and Recitals 12, 13, 21, 25, 97, 109, and 110.