Desafíos actuales de la Inteligencia Artificial

C apítulo 4 ENFORCING AI REGULATION IN FRANCE: A LEGAL FRAMEWORK BEYOND THE AI ACT Sébastien F assiaux PhD Candidate Universitat Pompeu Fabra ABSTRACT: Artificial intelligence (AI) is sometimes perceived as a new, unregulated technology, despite its continued use in key markets throughout the development of the in- ternet. This contribution argues that, beyond the recent hype around generative AI and the adoption of the EU’s Artificial Intelligence Act, AI systems have long been subject to impor- tant legal limitations in Europe. First, it highlights the extent to which data protection rules have been regulating the use of AI systems, even before the application of the General Data Protection Regulation (GDPR). It also explores how competition and copyright laws com- plement data protection rules to further regulate AI systems. The article argues that national data protection authorities have been playing a major role in regulating algorithmic practices, long before the recent public interest for AI. Second, it discusses the extent to which the AI Act brings novelties to further regulate AI systems developed and deployed by private and public entities. It also examines the interactions between the AI Act and the GDPR. Third, focusing on the case of France, it explores how the country’s data protection and competition authorities have contributed to algorithmic regulation over time, handling important cases related to AI systems in the fields of digital advertising, facial recognition, and generative AI. KEYWORDS: Regulation; artificial intelligence; data protection; GDPR; Artificial In- telligence Act.