AI regulation harbors legal uncertainties

Among other things, this proposed regulation provides for bans on certain practices in the field of AI, special requirements for high-risk AI systems and obligations for operators of such systems, harmonized transparency rules for AI systems and rules for market surveillance and market monitoring.

The BVDW is generally in favor of a Europe-wide approach to artificial intelligence, but at the same time raises the question of whether such a uniform regulation, as it has now been presented, is the appropriate means of making AI meaningful and profitable in Europe.

"The BVDW believes that trustworthy and innovative artificial intelligence is a key location factor for Europe and its economy. Compliance with European values and principles is of the utmost relevance and people and the impact on them should be the focus of all efforts", explains BVDW Vice President Achim Himmelreich.

In the view of the BVDW, comprehensive basic regulation appears premature in light of ongoing scientific and economic developments. It is also questionable whether such a regulation can be implemented at all and whether legal certainty can be created as a result. The goal of creating the first comprehensive basic regulation for AI therefore appears to be very ambitious.

"From the BVDW's point of view, the details of the regulation reveal that a horizontal approach, which applies to all AI applications, entails massive difficulties and legal uncertainties given the variety of functions and areas of application of AI", explains Himmelreich.

This is because AI is used in a wide variety of areas and therefore also harbors various risks and opportunities - including with regard to data protection issues. If AI is used in the healthcare sector, for example, a sectoral approach could be used to resolve numerous unresolved legal issues. The BVDW is therefore calling on the Commission to adopt a sectoral approach instead of a horizontal one and to make adjustments.