CEPS IN-DEPTH ANALYSIS - THE AI ACT AND EMERGING EU DIGITAL ACQUIS

The substantial broadening of the list of high-risk AI proposed by the Council and the EP during the past months may frustrate the Commission’s attempt to draw a precise frontier between the AI Act and other pieces of legislation. [...] This has led some experts to call for the reintroduction of the definition of AI developed by the Commission’s High-Level Expert Group on AI, which refers to the characteristics of AI rather than the technology itself, or of the internationally agreed Organisation for Economic Co-operation and Development definition (as advocated by the opinion of the Committee on Industry, Research and Energy (IT. [...] For instance, a recent CEPS report illustrates how the new EU Data Act proposal signals a significant shift in the EU’s approach to the wider data economy, from championing the free flow of non-personal data in the context of the 2016 digital single market (DSM) strategy to the introduction of specific requirements for governing and limiting data transfers in the context of the Data Act under the. [...] The French presidency of the Council has argued instead in favour of removing the notion of supervisory authority at national level, ‘giving Member States more flexibility in the designation of the entities responsible for the coordination and implementation of the AI Act’. [...] Indeed, a recent CEPS policy brief indicates a recent ‘shift in the EU’s approach to the wider data economy, from championing the free flow of non-personal data in the context of the 2016 DSM strategy to the introduction of specific requirements for governing and limiting data transfers in the context of the Data Act’ (Perarnaud and Fanni, 2022).