A legal analysis of the Artificial Intelligence Act: challenges and reflections

Human face made of data lines and circuits on a dark background

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

As a lawyer, I believe it is crucial to examine the recent Artificial Intelligence (AI) Act from a legal perspective. Five years in the making, this legislation poses significant challenges that call for detailed assessment.

During a recent debate on the intersection between AI and trade marks, there was an interesting exchange of views on the AI Act and its phased entry into force. Promising as it is, the Regulation is controversial because of the complexity of its rules and the question of how it will keep pace with rapid technological progress.

From my experience as a lawyer, it is clear that the gradual implementation of the Regulation presents practical challenges. Will it be able to keep up with rapid advances in AI and adapt to the changing needs of the technology landscape?

I also see discrepancies between the AI rules of different regions, which raises questions about global consistency in this field. The divergence between the rules of the European Union, China and the United States may hamper the effective application of the Regulation and create legal loopholes that offenders will exploit.

As a legal researcher in the field of generative AI, I am particularly interested in the legal implications of deepfakes and child pornography. These cases highlight the need to review and update our legal frameworks so that they deal effectively with AI-facilitated crime.

In conclusion, the AI Act poses complex challenges that require an agile and expert legal response. As a lawyer, it is my duty to analyse these issues and to work towards solutions that protect rights and security in an ever-changing digital world.

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