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2023 is set to be an important year for developments in AI regulation and policy in the EU. At the end of last year, on December 6, 2022, the Council of the EU (the “Council”) adopted its general approach and compromise text on the proposed Regulation Laying Down Harmonized Rules on Artificial Intelligence (the “AI Act”), bringing the AI Act one step closer to being adopted. The European Parliament is currently developing its own position on the AI Act which is expected to be finalized by March 2023. Following this, the Council, Parliament and European Commission (“Commission”) will enter into trilogue discussions to finalize the Act. Once adopted, it will be directly applicable across all EU Member States and its obligations are likely to apply three years after the AI Act’s entry into force (according to the Council’s compromise text).  …

Continue Reading EU AI Policy and Regulation: What to look out for in 2023

            On April 28, 2022, Covington convened experts across our practice groups for the Covington Robotics Forum, which explored recent developments and forecasts relevant to industries affected by robotics.  Sam Jungyun Choi, Associate in Covington’s Technology Regulatory Group, and Anna Oberschelp, Associate in Covington’s Data Privacy & Cybersecurity Practice Group, discussed global regulatory trends that…

On December 15, 2020, the European Commission published its proposed Regulation on a Single Market for Digital Services, more commonly known as the Digital Services Act (“DSA Proposal”).  In publishing the Proposal, the Commission noted that its goal was to protect consumers and their fundamental rights online, establish an accountability framework for online services, and foster innovation, growth and competitiveness in the single market.  On the same day, the Commission also published its proposal for a Digital Markets Act (“DMA”), which would impose new obligations and restrictions on online services that act as “designated gatekeepers” (see our analysis of the DMA Proposal here).
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Continue Reading EU Publishes Proposal For Digital Services Act

In this edition of our regular roundup on legislative initiatives related to artificial intelligence (AI), cybersecurity, the Internet of Things (IoT), and connected and autonomous vehicles (CAVs), we focus on key developments in the European Union (EU).…

Continue Reading AI, IoT, and CAV Legislative Update: EU Spotlight (Third Quarter 2020)

In this final instalment of our series of blogs on the European Commission’s plans for AI and data, announced on 19 February 2020, we discuss some potential effects on companies in the digital health sector. As discussed in our previous blog posts (here, here and here), the papers published by the European Commission cover broad concepts and apply generally — but, in places, they specifically mention healthcare and medical devices.

The Commission recognizes the important role that AI and big data analysis can play in improving healthcare, but also notes the specific risks that could arise given the effects that such new technologies may have on individuals’ health, safety, and fundamental rights. The Commission also notes that existing EU legislation already affords a high level of protection for individuals, including through medical devices laws and data protection laws. The Commission’s proposals therefore focus on addressing the gap between these existing rules and the residual risks that remain in respect of new technologies. Note that the Commission’s proposals in the White Paper on AI are open for public consultation until 19 May 2020.…

Continue Reading AI Update: European Commission’s Plans for AI and Data: Focus on Digital Health (Part 4 of 4)

On 19 February 2020, the new European Commission published two Communications relating to its five-year digital strategy: one on shaping Europe’s digital future, and one on its European strategy for data (the Commission also published a white paper proposing its strategy on AI; see our previous blogs here and here).  In both Communications, the Commission sets out a vision of the EU powered by digital solutions that are strongly rooted in European values and EU fundamental rights.  Both Communications also emphasize the intent to strengthen “European technological sovereignty”, which in the Commission’s view will enable the EU to define its own rules and values in the digital age.  The Communications set out the Commission’s plans to achieve this vision.
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Continue Reading AI Update: European Commission’s plans on data and Europe’s digital future (Part 3 of 4)

The European Commission, as part of the launch of its digital strategy for the next five years, published on 19 February 2020 a White Paper On Artificial Intelligence – A European approach to excellence and trust (the “White Paper”).  (See our previous blog here for a summary of all four of the main papers published by the Commission.)  The White Paper recognizes the opportunities AI presents to Europe’s digital economy, and presents the Commission’s vision for a coordinated approach to promoting the uptake of AI in the EU and addressing the risks associated with certain uses of AI.  The White Paper is open for public consultation until 19 May 2020.
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Continue Reading AI Update: European Commission’s White Paper on Artificial Intelligence (Part 2 of 4)

On 19 September 2019, the European Parliamentary Research Service (“EPRS”)—the European Parliament’s in-house research service—released a briefing paper that summarizes the current status of the EU’s approach to developing a regulatory framework for ethical AI.  Although not a policymaking body, the EPRS can provide useful insights into the direction of EU policy on an issue.  The paper summarises recent calls in the EU for adopting legally binding instruments to regulate AI, in particular to set common rules on AI transparency, set common requirements for fundamental rights impact assessments, and provide an adequate legal framework for facial recognition technology.

The briefing paper follows publication of the European Commission’s high-level expert group’s Ethics Guidelines for Trustworthy Artificial Intelligence (the “Guidelines”), and the announcement by incoming Commission President Ursula von der Leyen that she will put forward legislative proposals for a “coordinated European approach to the human and ethical implications of AI” within her first 100 days in office.…

Continue Reading European Parliamentary Research Service issues a briefing paper on implementing EU’s ethical guidelines on AI

On July 24, 2019, the European Parliament published a study entitled “Blockchain and the General Data Protection Regulation: Can distributed ledgers be squared with European data protection law?”  The study explores the tension between blockchain technology and compliance with the General Data Protection Regulation (the “GDPR”), the EU’s data protection law.  The study also explores how blockchain technology can be used as a tool to assist with GDPR compliance.  Finally, it recommends the adoption of certain policies to address the tension between blockchain and the GDPR, to ensure that “innovation is not stifled and remains responsible”.  This blog post highlights some of the key findings in the study and provides a summary of the recommended policy options.
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Continue Reading European Parliament Publishes Study on Blockchain and the GDPR

The European Commission (the “Commission”) has launched an Open Public Consultation for building trust in Connected and Automated Mobility (the “CAM Consultation”) on the main challenges linked to the deployment of connected and automated mobility services in Europe and how trust should be built in such services. This CAM Consultation, which largely takes the form of an electronic multiple choice survey, is aimed at gathering input from the general public and relevant stakeholders – such as car manufacturers, connectivity providers, service providers, telecom providers, end-users and public authorities including municipalities, the health community and civil society organisations.

The CAM Consultation follows on from the Commission’s Communication on Connected and Automated Mobility (CAM) (the “Communication”) released in May 2018, which put forward a strategy to make Europe a “world leader in the deployment of connected and automated mobility”. Additional details on the CAM Consultation can be accessed here.
Continue Reading IoT Update: The European Commission consults on building trust in Connected and Automated Mobility