The Artificial Intelligence Act (AI Act) is the first comprehensive legislation that intends to regulate AI horizontally across all sectors in Europe. It will have far reaching consequences on all companies developing, implementing, or using AI solutions in the EU and beyond. These FAQs provide key information you should know before the AI Act is adopted, and some tips on what you can already be doing to prepare. To learn more, click here to read Wilson Sonsini’s updated FAQs.”Continue Reading Updated: 10 Things You Should Know About the EU Artificial Intelligence Act

On April 8, 2024, the French Data Protection Authority (CNIL) published recommendations on the development phase of artificial intelligence (AI) systems1 (Recommendations). They are the first set of recommendations designed to guide the various players in the AI ecosystem on how to apply the General Data Protection Regulation (GDPR) to the development of AI systems. The Recommendations are relevant to providers and users of AI systems who process personal data as part of the development of such systems, including fine-tuning already-existing AI systems.Continue Reading French Data Protection Authority Publishes Recommendations on the Development of AI Systems: Seven Takeaways

On March 13, 2024, the European Parliament (EP) approved the latest draft of the European Union’s (EU) Artificial Intelligence Act (AI Act). Following this vote, the text will be sent to the Council of the EU (Council) for formal approval, after which the AI Act will officially become law. Once the AI Act starts to apply, it will introduce a swathe of new obligations for companies providing and using AI systems and general-purpose AI (GPAI) models in the EU, subject to hefty fines of up to EUR 35 million or seven percent of the total worldwide annual turnover, whichever is higher.Continue Reading The EU AI Act Passes Another Hurdle Towards Becoming Law

On February 28, 2024, the UK’s Information Commissioner (commissioner) confirmed that the regulator’s focus areas in 2024 will include artificial intelligence (AI), cookies, biometrics, and children’s privacy.Continue Reading UK Privacy Regulator to Focus on AI, Cookies, Biometrics, and Children’s Privacy, and Consult on “Consent or Pay” Models

On February 2, 2024, a committee of ambassadors from all countries of the European Union (EU) approved the latest draft of the EU Artificial Intelligence Act (AIA or the Act). Following weeks of speculation that there could be a blocking minority of EU countries who had concerns about the final text, this vote confirms that the AIA has substantial support within the Council of the EU (Council). This means that the AIA has a good chance to become law within the coming months. For more information about the scope and requirements in the AIA, please see our client alert on last December’s political agreement on the AI Act, available here.Continue Reading The AI Act Just Got One Step Closer to Becoming Law

On December 8, 2023, the California Privacy Protection Agency (CPPA) Board discussed a draft of its forthcoming artificial intelligence (AI) regulations on automated decision making technology (ADMT). The proposed regulations, published earlier on November 27, 2023, would impose significant new requirements on businesses subject to the California Consumer Privacy Act (CCPA) that use ADMT for certain use cases. The ADMT draft rules are expected to be part of the Agency’s larger rulemaking package alongside rules governing cybersecurity audits and risk assessments under the CCPA, as amended by the California Privacy Rights Act. While the draft ADMT regulations currently have no legal effect and are likely to undergo further revision before formal rulemaking begins, the current draft nonetheless provides an important preview of the rigorous new compliance requirements that could later take effect. Notable items put forth for public discussion include:Continue Reading Draft California AI Regulations Become One Step Closer to Reality: An Analysis of Requirements on the Horizon

On December 8, 2023, the EU finally agreed on the world’s first comprehensive legal framework on AI: the AI Act. EU lawmakers reached a political agreement on a series of controversial issues after record-long negotiations. They are expected to formally adopt the agreed text within the next couple of months. If adopted, the AI Act will ban certain AI systems, regulate general purpose AI (GPAI), impose heavy obligations on high-risk AI systems, subject to high fines, and support innovation through regulatory “sandboxes.” The AI Act will have an extraterritorial reach. Being the first law of its kind globally, the AI Act has the potential to establish a benchmark for AI regulation in other regions, just as the EU General Data Protection Regulation (GDPR) has accomplished.Continue Reading EU Lawmakers Reach Political Agreement on the AI Act