The rapid deployment of Artificial Intelligence (AI) across multiple industries is capturing the interest of regulators, who aim to promote AI technologies while ensuring their responsible use. Recent regulatory developments in the European Union (EU), United States (US) and United Kingdom (UK) illustrate how such regulatory interest can take various forms, with some common themes.
Below, we provide a comparison of key points among the regulatory approaches to AI in the EU (on the basis of the EU AI Act), US (based on the Biden Administration's Executive Order on AI) and UK (based on the UK Government's response to its AI consultation [the UK Response]).
Comparative Table on Approaches to AI Regulation in the EU, US and UK
Issues Emerging from the Different Regulatory Approaches to AI and Action Points
The differing approaches of the three jurisdictions will have significant impact on businesses that use AI systems. For example, the definition of AI Systems under the EU AI Act includes the generation of outputs for both for explicit and implicit objectives, while the Executive Order on AI only mentions only the requirement that predictions, recommendations, or decisions pertain to human-defined objectives, without specifying whether these include situations of both implicit and explicit such objectives. As the EU AI Act, the Executive Order on AI, and the UK Response progress on separate regulatory timeframes and added divergent approaches emerge, it is wise for companies to adopt a proactive compliance approach sooner rather than later and begin mapping their upcoming obligations in each jurisdiction. Getting an early start in revising company policies and procedures will allow businesses to mitigate potential liabilities and ensure compliance in a timely and appropriate manner.
With the formal adoption of the EU AI Act just around the corner and with US federal agencies having undertaken a series of actions in response to the Executive Order on AI, businesses must be proactive and agile. When it comes to the UK, much remains in play for its approach to AI regulation, and organizations who are interested in the development of this regulation would do well to begin to engage with it this year. Overall, the ongoing and divergent approaches to AI regulation in the EU, US and UK, will make it challenging for companies to navigate in the global AI regulatory landscape.
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