Jurisdiction(s):
European Union

ISO 42001 and the EU AI Act: overlaps, gaps for high-risk systems, missing CE marking and cooperation duties, governance extras, and forthcoming harmonised standards

Published on: 20 August 2024

Published by a LexisNexis EU Law expert

Legal News

Article summary

To conclude, although ISO 42001 calls for many measures akin to those set out by the AI Act, the latter tends to be narrower and more detailed. Following the ISO framework will often assist with meeting legal duties, including under the AI Act, and in some circumstances could even be sufficient; however, this may prompt competent authorities to judge that ISO compliance is not the same as AI Act compliance, even where obligations intersect.

Overlapping requirements, different focus

ISO 42001 and the AI Act diverge conceptually and in their respective legal character significantly:

ISO 42001 is a voluntary standard centred on organisational AI management and governance, whereas the AI Act is a mandatory regulation directed at product safety and oversight.

Even so, ISO 42001 offers a practical baseline for tackling AI compliance efforts.

For illustration, the AI Act demands that high‑risk AI systems enable automatic event logging throughout their lifecycle to maintain traceability of how the system functions over time, across its full period of deployment operation.

Likewise, under ISO 42001, organisations should ensure deployed AI systems automatically gather and store event logs relating to specified occurrences that arise during operation within real‑world running conditions...

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