AI regulation - EU vs UK horizon

As the global race for developing artificial intelligence (AI) and harnessing its advantages surges on, countries generally agree that regulation is necessary and are actively exploring options to establish a more uniform legal framework for the development, marketing and use of AI to ensure high levels of protection of public interest, whilst ensuring the free movement of AI based goods and services.

At the forefront of AI legislation across the globe is the EU, who are taking a prescriptive legislative framework-based approach in the form of the AI Act, which will impose legislative obligations at all stages of the lifecycle of an AI system. In stark contrast, the UK is adopting, what is referred to as, a ‘pro-innovation’ approach to AI, with flexible regulation and governance that supports scientific research and entrepreneurs, whilst ensuring that the risks of AI are addressed, and consumer confidence and trust remains intact.

In the below table we summarise the similarities and differences across the main aspects of the approaches to regulating AI.

What should organisations be doing now?

The regulatory position of the EU and the UK represents two ends of a spectrum. Based on current developments, the EU is set to be the first jurisdiction to enact a comprehensive regulatory framework with countries such as Canada and Brazil following suit with equivalent legislation. Other countries, including the US, will instead follow a broad sectoral approach in line with the UK. As regulations across the globe continue to evolve, a practical first step for companies should be to evaluate their existing compliance frameworks in the realms of data, privacy, security and resilience to determine those areas within existing mandates that cover similar territory.

Regulatory frameworks within the EU and UK are yet to be finalised, however organisations should take early action now to ease the compliance burden further down the line. No regrets activities to consider include: