The European Union (EU) is implementing a decisive strategy to regulate the field of artificial intelligence (AI) with the aim of setting global standards. However, this aspiration generates unease among jurists, who argue that detailed regulatory frameworks can quickly become obsolete.

The European Parliament recently agreed on a ‘negotiating position’ on a future EU AI law, with the aim that AI developed and used in Europe is aligned with EU rights and values. The proposed regulations are an expansion of the European Commission’s initial legislative proposal, and involve a ban on ‘disruptive and discriminatory use of AI’, such as biometric identification systems in public spaces and predictive policing systems.

The proposed AI regulatory model is similar to the General Data Protection Regulation (GDPR), which would require a large-scale machine learning model, known as the ‘base model’, to assess and mitigate potential risks and be registered in an EU database. AI systems derived from this model, such as ChatGPT, must comply with transparency regulations and have protections against illegal content creation. A public registry of copyrighted data used in their training will also be required.

In parallel, the UK government is working to make the UK a global leader in AI regulation. In this regard, Prime Minister Rishi Sunak emphasized a ‘pro-innovation approach’. During the recent London Technology Week, Secretary for Science and Innovation Chloe Smith highlighted the government’s intent to promote a regulatory environment that fosters innovation and growth, focusing on the contexts in which AI is used and enabling a balanced approach.

Legal experts in the UK have raised concerns about this regulatory approach, arguing that it could quickly become obsolete given the speed at which technology is developing. They also expressed concern about high fines being imposed for non-compliance, similar to the GDPR. With this in mind, calls were made to understand the complexities of technologies like AI before setting regulations and fines.