The European Union has published guidance on what constitutes an AI system under its new AI Act. The risk-based framework for regulating applications of artificial intelligence came into force last summer — with the first compliance deadline (on banned use cases) kicking in last weekend.
Determining whether a particular software system falls within the act’s scope will be a key consideration for AI developers — with the risk of fines of up to 7% of global annual turnover for breaches. The Commission’s 13-page guidelines are likely to be closely parsed by companies.
That said, as with E.U. guidance on prohibited uses put out earlier this week, the advice is non-binding. The Commission also adds that the guidance is “designed to evolve over time and will be updated as necessary, in particular in light of practical experiences, new questions, and use cases that arise”. Given how fast-paced the AI field can be, the task of understanding how the law applies is likely to remain a work in progress.
“No automatic determination or exhaustive lists of systems that either fall within or outside the definition of an AI system are possible,” the E.U. warns in its advice document. Set your expectations accordingly.
