On February 2, 2024, a committee of ambassadors from all nations of the European Union (EU) authorized the current draft of the EU Expert System Act (AIA or the Act). Following weeks of speculation that there might be an obstructing minority of EU nations who had issues about the last text, this vote verifies that the AIA has significant assistance within the Council of the EU (Council). This implies that the AIA has a great chance to end up being law within the coming months. To find out more about the scope and requirements in the AIA, please see our customer alert on last December’s political arrangement on the AI Act, offered here
A Huge Advance
Before the AIA can end up being law, it should be officially authorized by both EU co-legislators, specifically the European Parliament (EP) and the Council. Given that the co-legislators reached a political arrangement on the AIA in December 2023, the drafters have actually been settling the technical information of the draft text. It was reported that the mediators from France, Germany, and Italy raised issues about a few of the arrangements in the AIA. These nations thought about voting versus the Act, which might have interrupted its development towards ending up being law. Today’s ambassadorial thumbs-up is substantial since it signifies that these issues are now dealt with. The Council still requires to officially validate the Act, however this is simply an administrative procedure.
A Couple Of More Actions Left
The other co-legislator, the EP, will likely vote on the last text in April. While some political groups at the EP likewise revealed issues about the last text of the Act, they are not anticipated to hamper the Act’s official adoption by the EP. As soon as the AIA is officially embraced and participates in force, there will be a grace duration for business to bring their activities into compliance. The appropriate grace duration will depend upon the classification of requirements. For example, guidelines restricting particular kinds of AI systems will be enforceable after 6 months (most likely before completion of this year), requirements for basic function AI designs will be enforceable after 12 months (most likely around Q2 2025), while many guidelines for high-risk AI systems will be enforceable after 24 months (most likely around Q2 2026).
To find out more, or if you have any concerns relating to the AIA, please contact Laura De Boel, Cédric Burton, Yann Padova, or Nikolaos Theodorakis from Wilson Sonsini’s personal privacy and cybersecurity practice.
Wilson Sonsini’s AI Working Group helps customers with AI-related matters. Please contact Laura De Boel, Maneesha Mithal, Manja Sachet, or Scott McKinney for additional information.
Rossana Fol, Roberto Yunquera Sehwani, and Hattie Watson added to the preparation of this post.