Artificial Intelligence: A push for regulation

Josephine Jay and Christopher Foo of Wilson Sonsini Goodrich & Rosati analyse the developments that are likely to culminate in a series of legislation and guidance at EU and national level.

Until recently, artificial intelligence (AI) had not in itself been the subject of EU or Member State guidance, let alone legislation. Instead, it is covered by broader laws, including those addressing product liability, consumer protection and privacy(1). The GDPR, for example, was deliberately drafted to be “technology neutral” to ensure it covered emerging technologies like AI, without tackling them head on. This is perhaps unsurprising, given AI’s relatively recent pre-eminence. This is further combined with the difficulties that arise in defining AI, let alone explaining how it works and how it should be regulated.(2)

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