AI Regulation Is Here: European Union Begins First Legal Framework

The European Union has taken a significant step towards regulating artificial intelligence with the implementation of the AI Act, effective August 1, 2024.

At a Glance

  • The EU AI Act is the world’s first comprehensive legal framework for artificial intelligence
  • The Act categorizes AI systems into four risk levels: banned, high risk, limited risk, and minimal or no risk
  • Video games using AI are generally considered minimal or no risk and remain freely usable
  • Non-compliance can result in fines up to €35 million or 7% of worldwide annual turnover

Pioneering AI Regulation in Europe

The European Union has established itself as a global leader in AI regulation with the introduction of the Artificial Intelligence Act. This groundbreaking legislation aims to foster trustworthy AI development while safeguarding fundamental rights and ethical principles. The Act provides a clear framework for AI developers and deployers, balancing innovation with public safety concerns.

The AI Act categorizes AI systems into four distinct risk levels: banned, high risk, limited risk, and minimal or no risk. This tiered approach allows for nuanced regulation tailored to the potential impact of different AI applications. Margrethe Vestager, Executive Vice-President for a Europe Fit for the Digital Age, stated, “The AI Act is the first-ever legal framework on AI, which addresses the risks of AI and positions Europe to play a leading role globally.”

“All AI systems considered a clear threat to the safety, livelihoods and rights of people are banned, from social scoring by governments to toys using voice assistance that encourages dangerous behaviour.” https://digital-strategy.ec.europa.eu/en/policies/regulatory-framework-ai

Impact on Video Game Developers

For the video game industry, the AI Act brings a sigh of relief. Most AI-enabled video games fall under the minimal or no risk category, allowing for continued innovation and development without burdensome regulations. This classification recognizes the generally benign nature of AI applications in gaming, which typically focus on enhancing player experience rather than influencing critical decisions.

However, game developers should remain vigilant. While their AI systems may not be considered high-risk, transparency obligations still apply. Sarah Sterz, a doctoral student studying the implications of the AI Act, notes, “On the whole, software developers and AI users won’t really notice much of a difference. The provisions of the AI Act only really become relevant when developing high-risk AI systems.”

Compliance and Enforcement

The European AI Office will oversee the enforcement and implementation of the AI Act. This body will foster collaboration, innovation, and international cooperation on AI development. Companies operating in the EU market must ensure their AI systems comply with the new regulations or face significant penalties.

Non-compliance with the AI Act can result in substantial fines, reaching up to €35 million or 7% of worldwide annual turnover, whichever is higher. These steep penalties underscore the EU’s commitment to enforcing the new regulatory framework and ensuring responsible AI development and deployment.

Looking Ahead

As the AI Act enters into force, it marks the beginning of a new era in AI regulation. The legislation is designed to be future-proof, allowing for adaptation to technological advancements and ongoing quality and risk management. This flexibility is crucial in the rapidly evolving field of artificial intelligence.

The European Commission has also launched a consultation on a Code of Practice for providers of general-purpose AI models, further demonstrating its commitment to comprehensive and responsible AI governance. As the world watches, the EU’s pioneering approach to AI regulation may set a precedent for other regions to follow, shaping the global landscape of AI development and deployment for years to come.