EU Unveils AI Act to Complement GDPR, Ensuring Safe AI System Governance

January 22, 2025
EU Unveils AI Act to Complement GDPR, Ensuring Safe AI System Governance
  • The European Union has introduced the AI Act, aimed at establishing comprehensive governance for artificial intelligence, particularly addressing risks related to health, safety, and fundamental rights.

  • Designed to work alongside the General Data Protection Regulation (GDPR), the AI Act ensures that both regulations complement each other, with the AI Act explicitly referencing the GDPR.

  • While both frameworks emphasize transparency and accountability, they serve different purposes; GDPR regulates data processing, whereas the AI Act focuses on the safety of AI systems.

  • The GDPR defines roles as controllers and processors, while the AI Act introduces new roles of providers and deployers, leading to potential overlaps in responsibilities.

  • Organizations must comply with GDPR when their AI systems process personal data, adhering to principles such as transparency, accountability, and lawful processing.

  • The AI Act permits the processing of sensitive data to correct biases, which presents a conflict with GDPR's stringent rules regarding such processing.

  • Conflicts may arise between the two regulations, especially concerning automated decision-making, where GDPR requires human oversight and the AI Act mandates it for all high-risk systems.

  • Both frameworks require assessments to identify and mitigate risks; GDPR mandates Data Protection Impact Assessments (DPIAs), while the AI Act requires Fundamental Rights Impact Assessments (FRIAs).

  • Both the AI Act and GDPR have extraterritorial scope, meaning that non-EU entities must comply if their services are offered within the EU.

  • The AI Act will be phased in, with key milestones including prohibitions on unacceptable-risk AI systems taking effect on February 2, 2025, and full application of rules for high-risk AI systems by August 2, 2026.

  • To prepare for these regulations, organizations should map roles and responsibilities, develop unified compliance processes, train employees, engage with regulators, and stay updated on emerging standards.

  • The AI Act requires providers of high-risk AI systems to maintain clear documentation and instructions, mirroring GDPR's requirements for data processing compliance.

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The GDPR and the AI Act: A Harmonized Yet Complex Regulatory Landscape

datenschutz notizen | News-Blog der DSN GROUP • Jan 21, 2025

The GDPR and the AI Act: A Harmonized Yet Complex Regulatory Landscape

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