Desafíos actuales de la Inteligencia Artificial

The interplay between AI act and GDPR 49 This legal uncertainty can pose challenges for organizations trying to comply with both sets of regulations simultaneously. For example, an AI system that processes personal data must comply with GDPR’s strict data protection requirements, while also meeting the AI Act’s mandates for risk management and transparency. Without clear guidelines, companies may struggle to balance these requirements, leading to inconsistent applications of the law and potential legal risks. Therefore, a harmonized guideline is essential for a coherent and effective application of both the GDPR and the AI Act. Such a guideline should offer clear directions on how to align the obligations under both frameworks, ensuring that organizations can achieve compli- ance without unnecessary complexity. It should also address specific scenarios where conflicts might arise, providing practical solutions to reconcile the two regulations. A unified approach would not only facilitate compliance but also enhance the protection of individuals’ rights by ensuring that AI systems are developed and used in a manner consistent with the principles of data protection and ethical AI. This would promote greater legal certainty and foster trust in both regulatory frameworks, ultimately benefiting all stakeholders involved. 4. REFERENCES Avocats, H., ‘Actualités juridiques et digitales’ https://info.haas-avocats.com/droit- digital, accessed 15 June 2022 CEDPO AI Working Group, AI and Personal Data A Guide for DPOs “Frequently Asked Questions” (2023) ‘CJEU landmark rulings on “credit ranking” and review of DPAs’, https://noyb.eu/en/ cjeu-landmark-rulings-credit-ranking-and-review-dpas, accessed 8 July 2024 CLARK, J, DEMICRAN, M, KETTAS, K., ‘Europe: The EU AI Act’s relationship with data protection law: key takeaways’ April 2024, https://privacymatters.dlapiper. com/2024/04/europe-the-eu-ai-acts-relationship-with-data-protection-law-key-takeaways/, accessed 1 July 2024 EBERS, M., ‘Standardizing AI - The Case of the European Commission’s Proposal for an Artificial Intelligence Act’ (2021) EBERS, M., ‘Truly Risk-Based Regulation of Artificial Intelligence - How to Implement the EU’s AI Act’ (2024) EBERS, M., V. R. S. HOCH, F. ROSENKRANZ, H. RUSCHEMEIER, and B. STEINRÖTTER, ‘The European Commission’s Proposal for an Artificial Intelligence Act—A Critical Assessment by Members of the Robotics and AI Law Society (RAILS)’ (2021) 4 J 589–603 ‘EDPB-EDPS Joint Opinion 5/2021 on the proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) | European Data Protection Board’, https://www.edpb.europa.