Governing knowledge and technology: European approach to artificial intelligence

Abstract

This study conducts a threefold analysis of the EU proposal for an Artificial Intelligence Act (AIA). The first objective is a regulatory analysis of the proposal, focusing on the proposed structures for implementation, concepts, and key requirements for Artificial Intelligence (AI) producers. The second objective is a comparison with the General Data Protection Regulation (GDPR), and its complementarity in providing a robust response to the needs of operators and users of data-driven algorithmic technologies. The third objective is to examine the potential for harmonization of the EU internal market and competitiveness with non-EU markets. The analysis includes a regulatory comparison with the GDPR, which highlights the EU's digital economy policy based on national authorities, risk-based approaches and European bodies for harmonization. The analytical framework of the Brussels Effect is also applied to the AIA proposal, which expresses the intentions of the regulations, both from internal and external pressures. The study concludes that the AIA proposed by the European Commission has the potential to have a significant impact on the development and use of AI systems, particularly in the EU and for companies operating internationally. However, it also poses challenges in terms of implementation and enforcement, which could hamper growth.