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The European Union's AI Act

The Law, Ethics and Policy of AI by Nathalie A. Smuha explores the legal and ethical challenges of artificial intelligence. Chapter 12, The European Union’s AI Act, examines the EU’s proposed regulation aimed at managing AI risks through a clear legal framework. It explains how the Act categorizes AI systems by risk, sets obligations for users and providers, and seeks to balance innovation with safety and fundamental rights.

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Doelgroep: Juridische experts, beleidsmakers en AI-professionals die inzicht zoeken in de EU-regels en ethiek rondom AI.

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Summary of the chapter

In spring 2024, the European Union formally adopted the AI Act, aimed at creating a comprehensive legal regime to regulate AI systems. In so doing, the Union sought to maintain a harmonized and competitive single market for AI in Europe while demonstrating its commitment to protect core EU values against AI’s adverse effects. In this chapter, we question whether this new regulation will succeed in translating its noble aspirations into meaningful and effective protection for people whose lives are affected by AI systems. By critically examining the proposed conceptual vehicles and regulatory architecture upon which the AI Act relies, we argue there are good reasons for skepticism, as many of its key operative provisions delegate critical regulatory tasks to AI providers themselves, without adequate oversight or redress mechanisms. Despite its laudable intentions, the AI Act may deliver far less than it promises.