Desafíos actuales de la Inteligencia Artificial

60 Desafíos actuales de la Inteligencia Artificial 3. THE AI ACT AND ITS INTERPLAY WITH THE GDPR The AI Act integrates with the strategy outlined in the European Commission’s 2020 White Paper on Artificial Intelligence by operationalising its vision of an ecosystem of excellence and trust. 21 In line with the objective of fostering trustworthy AI, the Commis- sion highlighted the need to protect the fundamental right to privacy in the context of AI regulation. After the Commission made a proposal for an AI Act in 2021, it was finally approved by the Council in May 2024. The AI Act is the first comprehensive set of rules specifically applying to AI systems worldwide. It entered into force on 1 August 2024. These rules are the result of intense negotiation among the Commission, Parliament, and Council. With around 3,000 amendments, it has probably been the most debated legislative file of the 2019-2024 legislature. 22 While the Commission aims at promoting the AI Act as a global standard for AI systems regulation, a relevant question is whether it will effectively play that role, just like the GDPR for privacy, or if its Brussels effect 23 will be more limited. The Act complements the data protection, competition, and copyright law regimes appli- cable to AI systems. It is mainly a “products” regulation and aims to ensure AI systems placed on the market are safe – just like any other products 24 – and respect fundamental rights. It 21 EUROPEAN COMMISSION, White Paper on Artificial Intelligence - A European approach to excellence and trust, 19.2.2020, COM(2020) 65 final. The White Paper stressed the necessity to establish a regulatory framework addressing high-risk AI systems by setting requirements for data governance, transparency, and cybersecurity, involving both pre-market evaluations and post-market monitoring. The EU’s AI strategy is ultimately furthering the goals of its digital strategy, outlining policy measures to advance the digital transi- tion with regards to skills, infrastructures, public services, and the economy (EUROPEAN COMMISSION, Shaping Europe’s Digital Future, Luxembourg: Publications Office of the European Union, 2020, https:// commission.europa.eu/system/files/2020-02/communication-shaping-europes-digital-future-feb2020_ en_4.pdf; EUROPEAN COMMISSION, 2030 Digital Compass: the European way for the Digital Decade, 9.3.2021, COM(2021) 118 final). 22 Difficult negotiations took place particularly concerning foundational models. France partially oppo- sed the regulation, concerned that it could hinder innovation and the development of European AI models aligned with local language and culture. Representing the views of liberal leaders, Jean-Noël Barrot explained as French Minister for Digital Transition in November 2023 that there was still hope for European models to develop in the coming years, but that regulation should not hinder innovation and rather focus on protecting consumers and citizens (CNIL, “Cahier air2023. IA et libre-arbitre: sommes-nous des moutons numériques?”, 22 April 2024, https://www.cnil.fr/sites/cnil/files/2024-04/ cahier_air2023.pdf, p. 8). 23 BRADFORD, Anu: The Brussels Effect: How the European Union Rules the World, New York: Oxford Uni- versity Press, 2020. 24 Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC, OJ L 135, 23.5.2023, p. 1-51.