Over the course of 13 and 14 June, European members of Parliament have sought to finalise their position on the latest version of the EU AI Act, Europe’s approach to the future regulation of AI in the market. Should a parliamentary position be settled, despite uncertainty caused by several political challenges, trilogue discussions between the European Commission, the European Parliament, and the European Council on a final version of the AI Act will begin, thereby entering the final countdown towards the implementation of its provisions across Europe. It is hoped that a final agreement between the three organisations during 2023 remains in reach, with the act becoming binding law sometime within the next two years.

As indicated in their latest proposals, the European Parliament has recognised a clear need to address the challenges and uncertainties of generative AI. However, while progress on this front is being made in the form of the EU AI Act, there have been several calls for a more immediate solution until the AI Act is in force. Margrethe Vestager, for example, while speaking at the recent meeting of the US/EU Trade and Technology Council, recently promoted a voluntary Code of Conduct (“Code”) for generative AI products. The Code is expected to be drafted in partnership by both the EU and the US in order to be shared with the public in the coming weeks. In the interim, jurisdictions, such as the UK, Canada, India, and Japan have been encouraged to join in the development of this initiative.

This request for contribution continues a trend of a global calling for international interoperability. This has since taken the form of joint initiatives, such as the creation of common best practices, such as transparency and fairness, that emanate throughout the regulation of many jurisdictions, including the EU, who have enshrined these within many of their mandatory provisions. In the UK’s proposed approach, detailed in the recently published AI White Paper, a similar call for international (as well as domestic) interoperability is highlighted, in order to enable further innovation for organisations who will be required to navigate multiple different jurisdictions when implementing AI. It is therefore likely that businesses will see an increase in internationally harmonised guidance on elements of AI, alongside other initiatives, such as international technical and operational standards from the BSI, ISO, and NIST.

DLA Piper continues to monitor the development of the EU AI Act and will continue to provide updates as they emerge.

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DLA Piper continues to monitor updates and developments of AI and its impacts on industry across the world. For further information or if you have any questions, please contact the authors or your usual DLA Piper contact.