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What the EU AI Act means for your business
The EU AI Act has been a long time coming. What do we know so far, and what does it mean for your organization?
Lauren Diethelm, AI Content Marketing Specialist, OneTrust
December 11, 2023
After months of deliberation, and a 3-day final trilogue, the EU reached a deal on the EU AI Act on December 8th. Designed to be broad and industry-agnostic, the AI Act aims to strike a balance between protecting innovative AI and ensuring that peoples’ safety and fundamental human rights are protected when they’re interacting with AI systems.
Breaking down the AI Act
The EU AI Act takes a risk-based approach to regulating AI and creates categories including the following: unacceptable, high, minimal, and low risk. Unacceptable risk systems are prohibited by the AI Act and can’t be used. Most minimal and low-risk systems, like email spam filters, can be used without any additional safeguards in place.
The Act also lays out specific guidelines for generative AI (GenAI) systems, such as additional transparency requirements, including disclosing that the content was generated by AI, designing the model to prevent it from generating illegal content, and publishing summaries of any copyright data that was used for training the model.
Systems categorized as high-risk by the AI Act can be used, but they have additional requirements they need to meet before they can enter the market or be widely used. For example, high-risk systems may have to undergo conformity assessments.
Conformity assessments determine whether a high-risk AI system has met additional requirements, which are:
- Risk management system
- Data governance
- Technical documentation
- Record keeping
- Transparency and provision of information
- Human oversight
- Accuracy, robustness, and cybersecurity
Conformity assessments must be completed before an AI system is put on the market and available for public use. Once the assessment is complete and the system is widely available, conformity assessments should be performed again any time the system goes through substantial changes.
These assessments are typically performed by providers or developers of high-risk AI systems. But in certain cases, they may be conducted by responsible actors, which may be a distributor, importer, deployer, or other third party.
Foundation model debate and general-purpose AI systems
In the evolving landscape of AI regulation, the Act encountered a significant hurdle in early November concerning the regulation of foundation models, which are central to generative AI systems and utilize data from diverse internet sources. Initially, there was consensus on a tiered regulatory framework, applying stricter rules to more potent systems. However, during the trilogue meeting on November 10, major stakeholders like Germany, France, and Italy opposed any special regulation for foundation models. They argued that imposing tiered regulations on certain systems could inhibit innovation and undermine the Act's overall risk-based methodology.
Despite these challenges, legislation has progressed to include the dynamic nature of general-purpose AI (GPAI) systems and their integration into high-risk areas. This not only covers the various uses of GPAI systems but also their specific applications.
Specifically for foundation models, new rules have been set. Renowned for their versatility in performing complex functions such as generating videos, texts, images, and engaging in advanced language interactions, these models are now subject to strict transparency requirements before they enter the market. The regulations are particularly stringent for 'high impact' foundation models, characterized by their large-scale data training, complex functionalities, and superior performance, which could pose systemic risks in multiple sectors.
Guardrails for general AI systems
The regulation of general AI systems has also been refined to accommodate their wide range of capabilities and rapid development. GPAI systems and their underlying models are now mandated to comply with transparency guidelines as initially proposed by the Parliament. This includes the creation of technical documentation, adherence to EU copyright laws, and the provision of detailed summaries of the training content used.
For GPAI models identified as having high systemic risk, the Parliament has secured more rigorous regulations. These models are required to undergo thorough evaluations, address and mitigate systemic risks, perform adversarial testing, report serious incidents to the Commission, ensure strong cybersecurity, and report on their energy efficiency. Until EU-wide standards are established, GPAI systems at risk of causing systemic issues may adhere to existing codes of practice as a means of regulatory compliance.
What the EU AI Act means for your business
Though critical for protecting the safety and fundamental rights of people using AI systems, the AI Act does represent one more piece in the complex puzzle of regulations that companies will have to make sure they comply with.
For companies not operating in the EU, given the extraterritorial effect of the Act, compliance is still a concern. Since the Act is so comprehensive, it can serve as a guiding light for US companies looking to get ahead of the AI governance and compliance curve, just as many companies have been using the GDPR for years.
If you’re not a provider of AI systems, the responsibility of conducting conformity assessments on high-risk systems likely won’t fall to you. Where you will have obligations is making sure you have visibility within your own organization and understand where AI is being used in your business. From there, you can begin to educate employees about risk, offer responsible use policies, and monitor systems for significant changes that may impact their risk categorization.
Next steps
It’s important to note that the EU AI Act isn’t quite a done deal just yet. There’s still technical work to be done regarding ironing certain provisions and stipulations in the Act, and it’s yet to be voted on by the Council or Parliament.
How OneTrust helps
Understanding where AI models are used in your organization and what risk level they fall into is a key part of setting up your AI governance program under the guidelines of the EU AI Act. With OneTrust AI Governance, you can easily maintain your inventory of AI systems across your business.
To get started with your AI governance program and to learn how OneTrust can help you through the process, request a demo today.
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