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Published on: 11 April 2024

Update: AI Act is a fact, now what?

In a previous article, we wrote about the AI Act and discussed exactly what this this law means and what it means for you as a business owner. Meanwhile, the law has been approved by the European Parliament. This means that the AI Act is now a fact and soon the first rules will come into force. Which rules these are, you can read in this article.

From when will the AI Act apply?

The AI Act is expected to take effect from May 2024. Has the AI Act entered into force? If so, not all rules will apply immediately. This is because the various rules in the Act will take effect in parts.

Which rules will apply after 6 months?

Six months after the AI Act takes effect, around November 2024, unacceptable AI systems must be off the market. These include AI systems that give people points based on behavior that may or may not be desirable.

What rules will apply after 12 months?

Around May 2025, one year after the AI Act takes effect, all rules for providers of generative AI will go into effect. These are AI models that serve for general use such as, ChatGPT.

Does your company offer generative AI? Then by May 2025, your company must, among other things, provide information about how the generative AI was trained and what data was used to do so, maintain technical documentation, and have policies regarding compliance with European rules regarding “scraping” in particular.

What rules apply after 24 months?

Two years after enactment, most of the AI Act rules go into effect. Has your risk analysis revealed that your company develops, sells or uses high-risk AI systems? These are AI systems that are intended to be safety components of a product, such as AI systems used in automobiles. But also systems that are themselves a product, for example a medical device and fall under the EU product safety legislation listed in Annex II of the AI Act.

If so, from May 2026, you must comply with the following obligations:

  • having risk management;
  • having data management;
  • recording technical documentation;
  • ensuring transparency;
  • having human oversight; and
  • conducting a conformity assessment.

Want to know what these obligations entail? Then read our article “The new AI Act: What this means for you as a business owner.

What rules apply after 36 months?

Notice. The AI Act also lists in Annex III several more categories of AI systems that fall under a high risk level. These include systems that are used in automated decision making with significant impact on individuals. For example, a system that analyzes incoming job applications and selects from them. Does your AI system fall under the categories listed in Annex III? If so, you will not have to comply with all obligations under the AI Act until about May 2027, 36 months after enactment.


Do you have any questions following this article? Then contact one of our lawyers by mail, telephone or fill in the contact form for a free initial consultation. We will be happy to think along with you.

Articles by Britt Beumer

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