Three years of evolution in AI law and governance: as the law catches up to AI

Michael Simon and Andrew Pery

Chapter Chapter 8 in Research Handbook on the Law of Artificial Intelligence, 2025, pp 148-175 from Edward Elgar Publishing

Abstract: This chapter examines the rapid evolution of artificial intelligence (AI) law and governance from 2022 to 2024, highlighting key developments across major jurisdictions. The European Union’s AI Act stands as a landmark, comprehensive legal framework, progressing from an initial proposal to final ratification. The AIA introduces a risk-based approach, categorizing AI systems and imposing stringent obligations on high-risk applications. Concurrently, the General Data Protection Regulation has seen renewed relevance in AI regulation, particularly through Article 22’s provisions on automated decision-making. A pivotal 2023 Court of Justice of the European Union ruling on credit scoring has reinvigorated the GDPR’s role in AI governance. In the United States, federal initiatives have largely focused on agency actions, with the Federal Trade Commission and National Institute of Standards and Technology playing key roles. State-level regulations have emerged, notably Utah’s Artificial Intelligence Policy Act and Colorado’s comprehensive AI Act, addressing issues such as transparency, bias mitigation, and risk management. Internationally, China has implemented regulations specifically targeting generative AI, while Canada and the United Kingdom have taken divergent approaches, with Canada proposing the Artificial Intelligence and Data Act and the UK favoring a more flexible, principles-based framework. The chapter concludes by emphasizing the critical need for global regulatory harmonization to realize AI’s potential while mitigating risks. It highlights ongoing multilateral efforts, such as the G7 Hiroshima Process and UNESCO recommendations, while acknowledging the challenges posed by geopolitical competition in AI development. This evolving landscape presents complex challenges for policymakers, businesses, and legal scholars, necessitating continued discourse on balancing innovation with ethical considerations and fundamental rights protection in the AI era.

Keywords: AI Act; Federal Trade Commission; Legal governance; Legal harmonization; National Institute of Standards and Technology; Risk; Artificial intelligence (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035316489
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