Jurisdiction(s):
European Union

EU AI Act: Commission’s consultation draft GPAI guidance on compute thresholds (10^22 FLOPs), provider status, market placement, open-source exemptions, timelines, code of practice and enforcement

Published on: 23 April 2025

Published by an LexisNexis EU Law expert

Legal News

Article summary

Suppliers of general‑purpose AI models, including OpenAI, Anthropic, and Microsoft, witnessed the Commission set out its preliminary approach to implementing the EU AI Act’s pertinent provisions, preceding the publication, in due course, of administrative guidance on the matter itself. This initial approach was issued within a consultation intended to solicit input from AI companies, downstream actors, public authorities, and civil society on forthcoming GPAI guidance. See: LNB News 22/04/2025 37. The guidance will clarify core concepts in the EU AI Act, and this early approach offers a first view of how the Commission, which will also be the sole enforcer of the GPAI provisions, reads them.

General-purpose AI models

Among the first issues the guidance seeks to elucidate are the practical criteria for deciding when a model comes within the scope of the EU AI Act. In particular, the Commission notes that the key question is whether the model ‘displays significant generality and is capable of competently performing a wide range of distinct tasks’...

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