Jurisdiction(s):
European Union

EU AI Act and GPAI: why ‘intended purpose’ will drive acceptable-use policies, contract negotiations and unexpected high-risk liability for providers and deployers

Published on: 17 January 2025

Published by an LexisNexis EU Law expert

Legal News

Article summary

Where this substantial compliance burden ultimately settles may turn on the idea of ‘intended purpose’—defined in the EU AI Act as ‘the use for which an AI system is intended by the provider, including the specific context and conditions of use.’ Drawn from EU product safety law, of which the EU AI Act is a standout example, the concept sits awkwardly with general-purpose AI (GPAI) such as OpenAI’s ChatGPT and Microsoft’s Copilot, which lack a singular aim and can execute a wide range of tasks. What, then, is the intended purpose of a system built for innumerable applications? Who carries the duty of due diligence when a GPAI supports a high-risk use? What regulatory exposure do users face when they step beyond a system’s stated purpose? These questions—and more—are likely to preoccupy the industry.

Risk minimisation

An early concern for GPAI providers, including Microsoft and OpenAI, is whether allowing customers to deploy their systems in scenarios the EU AI Act labels as high-risk would, by default, cause those systems to be treated as high-risk...

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