EU AI Act: The Supervisory Era Begins for Prohibited AI Practices
Oversight of the EU AI Act has commenced. National authorities are intensifying their scrutiny of prohibited AI practices and transparency rules ahead of the implementation of requirements for high-risk AI systems.
What happened?
The EU AI Act has transitioned into an active supervisory phase where regulations concerning prohibited AI practices, transparency, and General Purpose AI (GPAI) models are now applicable. National market surveillance authorities across the EU have increased their activity and initiated inspections, including the Danish Agency for Digitisation. Regulations surrounding so-called high-risk systems will take effect at a later stage.
Key facts
| Regelstatus otillåten AI | Tillämplig för tidig tillsyn |
|---|---|
| Regelstatus högrisk-AI | Träder i kraft i ett senare skede |
| Aktiv tillsynsmyndighet | Danmarks Digitaliseringsstyrelse |
”While the provisions on “high-risk” AI do not start to apply until the end of next year, most of the rules on prohibited AI practices, transparency and general-purpose AI (GPAI) are now applicable.”
Why it matters
The shift from legislation to active oversight means companies can no longer focus solely on planning for future rules. The authorities' supervisory efforts and investigations into prohibited AI practices present legal risks, necessitating immediate adjustments to corporate governance models.
Who is affected?
Companies and organisations that develop, distribute, or implement AI systems within the EU are directly affected. This is particularly relevant for entities utilising models with potentially prohibited functions or General Purpose AI models subject to transparency obligations.
Impact on the EU
The EU AI Act is being implemented in phases across the union. National market surveillance authorities in each member state are tasked with monitoring compliance regarding prohibitions on unacceptable AI systems, while rules for high-risk AI will be applied in subsequent stages.
What else you should know
Law firm Linklaters emphasises that organisations must immediately review their AI systems and map potential risks to avoid regulatory sanctions.
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