Full Description
This invaluable commentary on the EU Artificial Intelligence Act (EU AI Act) offers a thorough analysis of this groundbreaking legislation. As AI technologies become more integrated into society, it is imperative to address the potential risks and ethical concerns they bring.
Readers will quickly get a sound foundational understanding of the EU AI Act in the introductory chapter, which provides a comprehensive overview of the entire Act. The following chapters offer insightful examination of each of the Act's articles by renowned experts in the field. Lukas Feiler, Nikolaus Forgó and Michaela Nebel bring diverse perspectives and deep knowledge to the discussion, making this a valuable reference for anyone involved in AI regulation and compliance.
Businesses seeking initial guidance and pragmatic solutions on how to navigate the EU AI Act will find this book particularly useful. It is also an indispensable tool for lawyers, judges, and other legal professionals who need to navigate the complexities of AI-related regulations.
Contents
List of abbreviations
List of sources cited in abbreviated form
List of recitals of the AI Act
An introduction to the AI Act
1. The scope of the AI Act
1.1 Material scope - What types of AI are covered?
1.2 Personal scope - Who does the AI Act apply to?
1.3 Territorial scope - Where does the AI Act apply?
1.4 Temporal scope - From when does the AI Act apply?
2. The AI Act as an instrument of product regulation
2.1 An overview of European product regulation
2.2 The role of harmonized standards and common specifications
2.3 External conformity assessment bodies and their accreditation and notification
2.4 Relation to other harmonization legislation
3. Risk-based regulation of AI systems and AI models
3.1 Prohibited AI systems
3.2 High-risk AI systems
3.3 GenAI and certain biometric AI systems that are subject to special transparency rules
3.4 Other AI systems
3.5 General-purpose AI models
4. An overview of the obligations under the AI Act
4.1 Obligations of providers
4.2 Obligations of importers
4.3 Obligations of distributors
4.4 Obligations of deployers systems
4.5 Obligations of authorised representatives
5. Innovation-promoting measures
5.1 AI regulatory sandboxes
5.2 Testing in real-world conditions
6. Enforcement by public authorities
6.1 Market surveillance regarding AI systems
6.2 The AI Office as supervisory authority for providers of general-purpose AI models
6.3 Administrative fines
7. Liability and private enforcement
AI Act text and commentary
Chapter I - General Provisions
Article 1 Subject matter
Article 2 Scope
Article 3 Definitions
Article 4 AI literacy
Chapter II - Prohibited AI practices
Article 5 Prohibited AI practices
Chapter III - High-risk AI systems
Section 1 - Classification of AI systems as high-risk
Article 6 Classification rules for high-risk AI systems
Article 7 Amendments to Annex III
Section 2 - Requirements for high-risk AI systems
Article 8 Compliance with the requirements
Article 9 Risk management system
Article 10 Data and data governance
Article 11 Technical documentation
Article 12 Record-keeping
Article 13 Transparency and provision of information to deployers
Article 14 Human oversight
Article 15 Accuracy, robustness and cybersecurity
Section 3 - Obligations of providers and deployers of high-risk AI systems and other parties
Article 16 Obligations of providers of high-risk AI systems
Article 17 Quality management system
Article 18 Documentation keeping
Article 19 Automatically generated logs
Article 20 Corrective actions and duty of information
Article 21 Cooperation with competent authorities
Article 22 Authorised representatives of providers of high-risk AI systems
Article 23 Obligations of importers
Article 24 Obligations of distributors
Article 25 Responsibilities along the AI value chain
Article 26 Obligations of deployers of high-risk AI systems
Article 27 Fundamental rights impact assessment for high-risk AI systems
Section 4 - Notifying authorities and notified bodies
Article 28 Notifying authorities
Article 29 Application of a conformity assessment body for notification
Article 30 Notification procedure
Article 31 Requirements relating to notified bodies
Article 32 Presumption of conformity with requirements relating to notified bodies
Article 33 Subsidiaries of notified bodies and subcontracting
Article 34 Operational obligations of notified bodies
Article 35 Identification numbers and lists of notified bodies
Article 36 Changes to notifications
Article 37 Challenge to the competence of notified bodies
Article 38 Coordination of notified bodies
Article 39 Conformity assessment bodies of third countries
Section 5 - Standards, conformity assessment, certificates, registration
Article 40 Harmonised standards and standardisation deliverables
Article 41 Common specifications
Article 42 Presumption of conformity with certain requirements
Article 43 Conformity assessment
Article 44 Certificates
Article 45 Information obligations of notified bodies
Article 46 Derogation from conformity assessment procedure
Article 47 EU declaration of conformity
Article 48 CE marking
Article 49 Registration
Chapter IV - Transparency obligations for providers and deployers of certain AI systems
Article 50 Transparency obligations for providers and deployers of certain AI systems
Chapter V - General-purpose AI models
Section 1 - Classification rules
Article 51 Classification of general purpose AI models as general-purpose AI models with systemic risk
Article 52 Procedure
Section 2 - Obligations for providers of general-purpose AI models
Article 53 Obligations for providers of general-purpose AI models
Article 54 Authorised representatives of providers of general purpose AI models
Section 3 - Obligations of providers of general-purpose AI models with systemic risk
Article 55 Obligations of providers of general-purpose AI models with systemic risk
Article 56 Codes of practice
Chapter VI - Measures in support of innovation
Article 57 AI regulatory sandboxes
Article 58 Detailed arrangements for, and functioning of, AI regulatory sandboxes
Article 59 Further processing of personal data for developing certain AI systems in the public interest in the AI regulatory sandbox
Article 60 Testing of high-risk AI systems in real world conditions outside AI regulatory sandboxes
Article 61 Informed consent to participate in testing world conditions outside AI regulatory sandboxes
Article 62 Measures for providers and deployers, in particular SMEs, including start-ups
Article 63 Derogations for specific operators
Chapter VII - Governance
Section 1 - Governance at Union level
Article 64 AI Office
Article 65 Establishment and structure of the European Artificial Intelligence Board
Article 66 Tasks of the Board
Article 67 Advisory forum
Article 68 Scientific panel of independent experts
Article 69 Access to the pool of
experts by the Member States
Section 2 - National competent authorities
Article 70 Designation of national competent authorities and single points of contact
Chapter VIII - EU Database for high-risk AI systems
Article 71 EU database for high-risk AI systems listed in Annex III
Chapter IX - Post-market monitoring, information sharing and market surveillance
Section 1 - Post-market monitoring
Article 72 Post-market monitoring by providers and post-market monitoring plan for high risk AI systems,
Section 2 - Sharing of information on serious incidents
Article 73 Reporting of serious incidents
Section 3 - Enforcement
Article 74 Market surveillance and control of AI systems in the Union market
Article 75 Mutual assistance, market surveillance and control of general-purpose AI systems
Article 76 Supervision of testing in real world conditions by market surveillance authorities
Article 77 Powers of authorities protecting fundamental rights
Article 78 Confidentiality
Article 79 Procedure at national level for dealing with AI systems presenting a risk
Article 80 Procedure for dealing with AI systems classified by the provider as non-high-risk in application of Annex III
Article 81 Union safeguard procedure
Article 82 Compliant AI systems which present a risk
Article 83 Formal non-compliance
Article 84 Union AI testing support structures
Section 4 - Remedies
Article 85 Right to lodge a complaint with a market surveillance authority
Article 86 Right to explanation of individual decision-making
Article 87 Reporting of infringements and protection of reporting persons
Section 5 - Supervision, investigation, enforcement and monitoring in respect of providers of general-purpose AI models
Article 88 Enforcement of the obligations of providers of general-purpose AI models
Article 89 Monitoring actions
Article 90 Alerts of systemic risks by the scientific panel
Article 91 Power to request documentation and information
Article 92 Power to conduct evaluations
Article 93 Power to request measures
Article 94 Procedural rights of economic operators of the general-purpose AI model
Chapter X - Codes of conduct and guidelines
Article 95 Codes of conduct for voluntary application of specific requirements
Article 96 Guidelines from the Commission on the implementation of this Regulation
Chapter XI - Delegation of power and committee procedure
Article 97 Exercise of the delegation
Article 98 Committee procedure
Chapter XII - Penalties
Article 99 Penalties
Article 100 Administrative fines on Union institutions, bodies, offices and agencies
Article 101 Fines for providers of general-purpose AI models
Chapter XIII - Final provisions
Article 102 Amendment to Regulation (EG) No 300/2008
Article 103 Amendment to Regulation (EU) No 167/2013
Article 104 Amendment to Regulation (EU) No 168/2013
Article 105 Amendment to Directive 2014/90/EU
Article 106 Amendment to Directive (EU) 2016/797
Article 107 Amendment to Regulation (EU) 2018/858
Article 108 Amendments to Regulation (EU) 2018/1139
Article 109 Amendment to Regulation (EU) 2019/2144
Article 110 Amendment to Directive (EU) 2020/1828
Article 111 AI systems already placed on the market or put into service and general-purpose AI models already placed on the market
Article 112 Evaluation and review
Article 113 Entry into force and application
ANNEX I - List of Union harmonisation legislation
ANNEX II - List of criminal offences referred to in Article 5(1), first subparagraph, point (h)(iii)
ANNEX III - High-risk AI systems referred to in Article 6(2)
ANNEX IV - Technical documentation referred to in Article 11(1)
ANNEX V - EU declaration of conformity
ANNEX VI - Conformity assessment procedure based on internal control
ANNEX VII - Conformity based on an assessment of the quality management system and an assessment of the technical documentation
ANNEX VIII - Information to be submitted upon the registration of high-risk AI systems in accordance with Article 49
Section A Information to be submitted by providers of high-risk AI systems in accordance with Article 49(1)
Section B Information to be submitted by providers of high-risk AI systems in accordance with Article 49(2)
Section C Information to be submitted by deployers of high-risk AI systems in accordance with Article 49(3)
ANNEX IX - Information to be submitted upon the registration of high-risk AI systems listed in Annex III in relation to testing in real world condictions in accordance with Article 60
ANNEX X - Union legislative acts on large-scale IT systems in the area of Freedom, Security and Justice
ANNEX XI - Technical documentation
referred to in Article 53(1), point (a) technical documentation for providers of general-purpose AI models
Section 1 Information to be provided by all providers of general purpose AI models
Section 2 Additional information to be provided by providers of general-purpose AI models with systemic risk
ANNEX XII - Transparency information referred to in Article 53(1), point (b) - technical documentation for providers of general-purpose AI models to downstream providers that integrate the model into their AI system
ANNEX XIII - Criteria for the designation of general-purpose AI models with systemic risk referred to in Article 51
Index
