As we wrap up our AI ActThe EU Artificial Intelligence Act was approved by the EU Council on 21 March 2024. A world-first comprehensive AI law, intended to harmonise rules for the development, deployment, and use of artificial intelligence systems across the EU. blog series, this final Part 4 explores some of the key strategies you can implement to keep your business ahead of the curve and compliant with the EU’s AI Act.
For organisations developing or deploying AI systems, preparing for compliance is likely to be both complex and demanding, especially for those managing high-risk systems. But compliance shouldn’t be approached as merely a tick-box exercise. There’s an opportunity here to lead the way in responsible AI innovation, building trust with users and regulators alike.
By embracing compliance as a catalyst for more transparent AI usage, businesses can turn regulatory demands into a competitive advantage.
Before we dive into the specifics of the essential compliance strategies you should consider, here’s a quick overview of the main points we’ve previously addressed:
There are also certain provisions coming into force earlier, such as a ban on systems that perform prohibited functions. It is important that organisations make sure they give themselves plenty of time and resources to meet all aspects of the AI Act’s implementation deadlines.
For more detailed guidance on timeline, risk-based classification, and compliance obligations, you can read the earlier parts of this blog series:
Let’s now look at some of the essential strategies you can implement to support your AI Act compliance journey.
All organisations intending to use AI systems in any capacity should take the time to consider the potential impact of those systems and engage in staff awareness and upskilling.
Training is essential for ensuring all team members understand their roles in compliance and are equipped to implement the AI Act’s requirements.
A comprehensive training programme should address the key requirements of the AI Act and include role-specific details. For example, AI developers may need more in-depth technical training, whilst compliance officers need to focus on documentation and regulatory obligations.
Staff training programmes should be tailored to the specific risks associated with the type of data processed and the system’s intended use. For example, employees working with systems that have a greater impact on individuals, such as those making credit decisions, may require more extensive training than those handling non-sensitive functions.
For organisations who provide or deploy systems classified as high-risk or General Purpose AI (GPAI), a foundation of strong corporate governance is essential to demonstrate and maintain compliance. Without certain elements in place, organisations may struggle to meet specific requirements of the Act and maintain the necessary compliance documentation.
To build and maintain this foundation of strong corporate governance, organisations should aim to pay attention to these key areas:
Building on the previous points about establishing strong corporate governance, it is essential to recognise the importance of robust cybersecurity and data protection. These elements are especially vital for meeting the stringent requirements of the AI Act. Prioritising these areas alongside effective risk and quality managements systems, will help embed strong compliance into the core of your operations. Without these practices, organisations may struggle to meet key requirements of the Act and maintain the necessary compliance documentation.
For cybersecurity aspects, practices should include implementing robust infrastructure security with strict access controlsA series of measures (either technical or physical) which allow personal data to be accessed on a need-to-know basis., having a detailed incident response plan, and ensuring regular security audits to identify vulnerabilities.
The data protection requirements of the AI Act overlap with the General Data Protection RegulationRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation). (GDPR) in several areas and key principles, particularly around transparency and accountability.
Whilst the GDPR focusses on the protection of personal data, the AI Act covers the broader development and regulation of AI systems. This includes not only safeguarding personal data but also managing overall AI risks to ensure fairness, prevent harm, and promote transparency.
You can use the principles of the GDPR and current data protection practices to support compliance with the AI Act by integrating ‘Privacy by Design’ into your AI systems., conducting Impact Assessments for high-risk AI applications and maintaining clear documentation of data protection activities.
Available in the coming months – The EU is developing specific codes of practice and templated documentation to help organisations meet their compliance obligations.
We will provide updates in further blogs as these become available.
Although guidelines and practical applications of the AI Act are still to be defined, its core principles are well understood and reflected in numerous responsible and ethical AI frameworks. For organisations considering significant AI use – especially when personal data is involved or individuals are affected – it is crucial for organisations to understand how an AI system works, its intended use, and its limitations. Documenting these aspects not only aligns with best practice but also fosters accountability.
Organisation must also ensure compliance with transparency requirements under existing data protection laws in addition to the specifics of the AI Act.
Finally, conducting a risk assessment of how the AI system may impact both individuals who interact with it and the organisation’s liability and reputation if anything should go wrong is essential. This proactive approach to AI governance is highly beneficial and can mostly be implemented without needing to tailor it for specific regulations.
There are certain resources available to support your compliance journey.
The EU AI Act Compliance Checker is a tool designed to help organisations verify that AI system aligns with the regulatory requirements.
However, the nuances of the AI Act are complex, and we urge all organisations uncertain of the extent of their obligations to seek professional advice.
To conclude: Staying ahead of AI regulations isn’t just about compliance – it’s an opportunity to build trust and lead the way in responsible AI innovation.
The DPO Centre has developed a comprehensive AI Audit and Impact Assessment service. If you need support beginning or continuing your AI compliance journey with confidence, please contact us.
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