The EU Artificial Intelligence Act

Europe now has its Artificial Intelligence Act: “Ensuring Trustworthy and Ethical AI for All”.

Antonio Tejeda Encinas, President of the Euro-American Committee of Digital Law - CEA Digital Law.

Europe takes a historic step towards the regulation of Artificial Intelligence with an approach centred on safeguarding fundamental rights and ethics. This pioneering agreement establishes comprehensive measures to protect democracy and the rule of law and to promote technological innovation in the region.

The key safeguards address essential prohibitions, such as limiting intrusive biometric systems and the manipulation of vulnerable users through AI. Controlled exceptions are established for the use of biometric identification in public spaces with specific judicial authorisation, focused on locating people convicted or suspected of serious crimes.

Clear obligations are defined for high-risk AI systems, including a mandatory fundamental rights impact assessment. This applies in sectors such as finance and insurance, and to AI systems used to influence elections and voter behaviour.

The rules for general-purpose AI include transparency and legal-compliance requirements, with stricter measures for high-impact models. Innovation is encouraged through regulatory sandboxes for fair market development, especially for small and medium-sized enterprises.

Penalties for non-compliance are severe, with fines that can reach €35 million or 7% of global turnover, ensuring that conformity with these rules is taken seriously.

This agreement, driven by Brando Benifei and Dragoș Tudorache, represents a significant legislative achievement that prioritises human-centric technological development and respect for their rights. The next step will be its formal adoption by the Parliament and the Council to become EU law.