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Regulation of AI - raising the trillion dollar bAIby - introduction

Published on 11 March 2024

As with any new technology, existing data protection and privacy, intellectual property, competition, product liability, data security and consumer laws apply to its application in each jurisdiction.  This has thrown up a number of important and newsworthy issues and considerations for AI developers and providers, legislators, consumers and rights holders. There are also several sets of high profile legal proceedings both decided and ongoing in several jurisdictions. These issues and legal proceedings are discussed in other sections of this AI Guide.

Going forward, "providers" of AI systems, created either from scratch or built on top of tools and services provided by others, and "users" (i.e. a natural or legal person using an AI system under its authority, but not in a personal non-professional capacity) need to know what they can and cannot do in the design, development, procurement, deployment and operation of their AI systems. Understanding the fledgling national and international landscape is key to them being able to formulate an AI strategy. For example, UK companies that deploy AI systems or use AI powered tech in or targeted at the EU will, once it's in force, come within the scope of the EU AI Act and vice versa.

Despite a growing and complicated web of overlapping global standards and alliances (see below), these providers and users will be operating in an AI market regulated on a territory by territory basis. Some jurisdictions, like the UK are promoting themselves as pro-innovation to attract investment and development of AI in the UK. However, it's difficult to see how this approach fits with the UK's close proximity to the EU and the EU's pro-regulation approach. Therefore, it is possible that many providers will decide to meet higher regulatory obligations which could lead to the EU establishing an international AI standard as it has arguably done with data protection and the GDPR.  

More details on AI regulation are set out in:

 

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