SKW Schwarz: Rechtliche Rahmenbedingungen im Bereich Artificial Intelligence Act

Artificial Intelligence Act

What is it about?

Europe has developed a Union-wide regulation to regulate Artificial Intelligence (AI) in an attempt to harness the potential of this technology while ensuring the safety and trust of EU citizens. It also aims to make Europe a centre and pioneer for trustworthy AI.

The draft provides for a prohibition law that either completely bans the use of certain AI systems (in the case of high-risk AI systems) or allows their use under strict compliance conditions and security measures. Through ethical and technical standards, the AI Act aims to create a legal basis for the responsible use of AI.

Current status and timeline

The European Parliament and the Council of the European Union agreed on a common position on the AI Act on June 13, 2024. The regulation now only needs to be published in the EU Official Journal. The AI Act will enter into force on the 20th day after publication. 2 years after entry into force, the majority of the provisions of the AI Act will actually become applicable. However, bans provided for in the AI Act (prohibited AI systems) are expected to take effect just 6 months after entry into force, while the provisions on general purpose AI models (GPAI) are expected to take effect after 12 months.

Who is affected?

The Artificial Intelligence Act affects manufacturers, importers and users of AI systems equally. All actors who develop, introduce or use AI systems must observe requirements and standards of the Act in different ways. This is to ensure that AI is used responsibly, ethically and in accordance with European values.

What are the challenges?

The implementation of the Artificial Intelligence Act presents companies with various legal challenges. These include comprehensive compliance and documentation obligations, the creation of data governance structures or the risk assessment and classification of AI systems. In addition and independent of the regulation, general legal issues must also be taken into account when using and producing AI systems, such as questions of data protection, copyright or liability.

Our legal services:

We offer comprehensive advice to businesses on Artificial Intelligence and the Artificial Intelligence Act. This includes:

Legal analysis and compliance review: We support companies in assessing the impact of the law on their AI systems or the legally compliant use of AI in the company.
Risk assessment and classification of AI systems: Our experts help you identify potential risks and comply with the classification requirements of the law.
Data protection, copyright and compliance: We advise companies on data protection regulations and copyright law and help implement the necessary compliance measures.
Contract drafting and review: Our legal experts support you in drafting and reviewing contracts related to AI systems in order to adequately consider legal aspects and avoid risks.
Trainings, seminars and internal guidelines: We provide training, seminars and create internal policies to educate companies and their employees on the requirements of the Artificial Intelligence Act and provide recommendations for implementation.

Our aim is to provide you with the legal support you need to meet the requirements of the Artificial Intelligence Act, while building confidence in your AI systems and business.