European Union’s Regulation on the placing on the market and use of AI systems: a critical overview of the AI Act

Nathalie Nevejans

Chapter Chapter 23 in Research Handbook on the Law of Artificial Intelligence, 2025, pp 489-540 from Edward Elgar Publishing

Abstract: After a three-year drive, the European Union has finally adopted the AI Act. It is the world’s first legislation to broadly regulate the placing on the market or the putting into service, or the use by providers and deployers of AI systems, including general-purpose AI models and systems. The AI Act aims to maintain a balance in the field of AI technologies between innovation and the protection of persons’ health, safety and fundamental rights. To this end, it introduces a classification of AI systems according to the risks they may create, and establishes a gradation of legal constraints for their compliance according to their level of risk, from minimal risk to completely prohibited uses. Non-compliance with these rules is punishable by substantial administrative fines and opens the way to a range of remedies for affected persons. A number of structures have also been set up to improve understanding of the issues surrounding AI, to help implement the Regulation and to support companies. While we welcome the adoption of the AI Act as a major step forward in terms of legal certainty for businesses and persons’ protection, and one that is likely to inspire the rest of the world, this complex piece of legislation is not totally flawless.

Keywords: AI Act; Data protection; General-purpose AI model; Legal governance; Risk regulation; Artificial intelligence (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035316489
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