EU AI Act: Who is Affected? Legislation

The AI Act will be far reaching in scope. If you are deploying AI systems in the EU, you will need to check your compliance obligations.

For instance, if you are a supplier of AI credit scoring technology with a California footprint only, but deploy your tech to customers in the EU, you will be subject the AI Act.

Specifically, the AI Act will apply to:

  1. providers placing on the market or putting into service AI systems in the EU, irrespective of their own place of establishment, whether in the EU or not;
  2. users of AI systems who are established or physically present in the EU;
  3. providers and users of AI systems with no EU base, where the output produced by the AI system is used in the EU;
  4. importers and distributors of AI systems;
  5. those product manufacturers who deploy AI systems in the EU together with their own product and under their own name or trademark; and
  6. authorised representatives of providers, which are established in the EU.

The AI Act is not designed to regulate use of AI by individual users or sectors already subject to specific product type regulations such as civil aviation, rail systems and vehicles, which will continue to be regulated under existing EU legislation. This will be subject to review in due course though. For example, we can expect the autonomous vehicles sector to be subject to specific regulation and for that regulation to mirror concepts from the AI Act.

Also out of scope will be AI deployed in activities like military, defence and national security and pure R&D activities.

The key takeaway here is if you are deploying AI tech on the EU market you must prepare for the possibly you will be regulated under the AI Act.

For more information on the EU AI Act or its impacts, contact a member of our dedicated Artificial Intelligence team.

The content of these articles are provided for information purposes only and does not constitute legal or other advice.