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European Union

EU AI Act Nears Adoption: Risk-Based, Two-Tier Regime for Foundation and General-Purpose Models; Conditional Source-Code Access and Training Data Copyright Transparency

Published on: 24 January 2024

Published by an LexisNexis EU Law expert
Legal News
Table of contents
  • Foundation models
  • Copyright concerns
Article summary

After three days of negotiations, the text was updated to address delicate matters, including rules for AI foundation models—the technology behind popular chatbot ChatGPT—remote facial recognition, and any prohibited uses such as racial profiling. The AI Act largely sets duties for AI systems according to the degree of risk they pose to citizens’ health, safety and fundamental rights. Experts from EU governments will review the draft within the Working Party on Telecommunications and Information Society, a technical arm of the Council of the EU. Assuming no major alterations emerge, national ambassadors are expected to formally endorse the deal on 2 February 2024. The European Parliament committees overseeing the AI Act will then vote on the draft, before final approval by the parliament’s plenary in April.

Foundation models

The EU executive’s original 2021 AI Act proposal adopted a risk-based model, ensuring that obligations for AI systems are proportionate to the level of risk they present...

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