Jurisdiction(s):
European Union

EU AI Act and GDPR Interplay: Member States' Concerns, Coordinated Enforcement, National Governance, and Guidance to Streamline Compliance and Align Fundamental Rights and Data Protection Impact Assessments

Published on: 29 April 2025

Published by an LexisNexis EU Law expert

Legal News

Article summary

On 14 March 2025, delegates from EU Member States examined the interaction between the two regimes, aiming to pinpoint compliance hurdles for both supervised organisations and supervisory authorities. Following this exchange of views, Poland, the current chair of the EU diplomatic discussions, collated the contributions and prepared a synopsis — obtained by MLex — setting out principal takeaways on the core issues identified. The resulting summary will be tabled for debate at a meeting of national representatives.

Differing regulatory approaches

Most European governments underlined how the two laws diverge in regulatory design. The EU GDPR safeguards personal data through a fundamental‑rights lens, while the AI Act functions as product‑safety legislation, imposing targeted obligations calibrated to the level of risk. For a number of Member States, this divergence in underlying logic could produce contradictory regulatory outcomes, whereby an AI system is judged compliant with the AI Act but not with the EU GDPR, or the reverse. On the other hand, some Member States flagged a risk that a party deploying an AI system could breach both instruments simultaneously and thus face sanctions under both frameworks for the very same action, the summary continues...

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