World’s first binding law on artificial intelligence

This legislation, finalised in negotiations with member states in December 2023, received approval from MEPs with 523 votes in favour, 46 against, and 49 abstentions. The Act aims to harness the power of AI while safeguarding fundamental rights, democracy, the rule of law, and environmental sustainability against the risks posed by high-risk AI systems. Furthermore, it seeks to bolster innovation and establish Europe as a global leader in this field.

Core provisions of the AI Act

The regulation categorises AI systems based on their potential risks and impact, instituting specific obligations accordingly. A notable feature of the Act is the outright prohibition of certain AI applications deemed a threat to people’s rights. This includes:

• The use of biometric categorisation systems that analyse sensitive characteristics
• Untargeted scraping of facial images from the Internet or CCTV footage to create facial recognition databases
• Employment of emotion recognition technologies in workplaces and educational institutions
• Social scoring systems, predictive policing based solely on profiling, and AI that manipulates human behaviour or exploits vulnerabilities

Exemptions and obligations for law enforcement

While the Act generally prohibits the use of real-time biometric identification systems (RBI) by law enforcement, it allows exceptions in exhaustively listed and narrowly defined scenarios, provided strict safeguards are observed. These exceptions could include situations like searching for a missing person or preventing terrorist attacks, requiring specific prior judicial or administrative authorisation.

High-risk AI Systems: ensuring safety and accountability

High-risk AI systems, owing to their significant potential harm, are subject to stringent obligations. These include critical infrastructure, healthcare, education, and systems used in law enforcement, among others. Such systems are required to assess and mitigate risks, maintain transparent use logs, ensure accuracy, and guarantee human oversight. People affected by decisions made by high-risk AI systems have the right to lodge complaints and request explanations.

Promoting transparency and supporting innovation

The Act mandates transparency for general-purpose AI (GPAI) systems and their underlying models, including compliance with EU copyright laws and the publication of detailed training content summaries. Additionally, it introduces specific measures to foster innovation and support small and medium-sized enterprises (SMEs) and startups through regulatory sandboxes and real-world testing environments.

Looking ahead: implementation and impact

With the regulation set to enter into force twenty days post its official Journal publication, its provisions will be gradually applied, starting with the prohibition of certain practices six months after enactment. This legislative move is a direct response to citizen proposals from the Conference on the Future of Europe, emphasising the EU's commitment to a safe, trustworthy, and innovative digital future.

During the plenary debate, the Internal Market Committee co-rapporteur Brando Benifei (S&D, Italy) said: “We finally have the world’s first binding law on artificial intelligence, to reduce risks, create opportunities, combat discrimination, and bring transparency. Thanks to Parliament, unacceptable AI practices will be banned in Europe and the rights of workers and citizens will be protected. The AI Office will now be set up to support companies to start complying with the rules before they enter into force. We ensured that human beings and European values are at the very centre of AI’s development.”

Civil Liberties Committee co-rapporteur Dragos Tudorache (Renew, Romania) said: “The EU has delivered. We have linked the concept of artificial intelligence to the fundamental values that form the basis of our societies. However, much work lies ahead that goes beyond the AI Act itself. AI will push us to rethink the social contract at the heart of our democracies, our education models, labour markets, and the way we conduct warfare. The AI Act is a starting point for a new model of governance built around technology. We must now focus on putting this law into practice”.