The European Draft Regulation on Artificial Intelligence: Houston, We Have a Problem

Abstract

The European Draft Regulation on Artificial Intelligence was presented in April 2021 with ambitious aims: to be a far-reaching regulation aimed to guarantee the highest level of protection for ‘Union values, fundamental rights and principles’, and at the same time promote innovation. However, several possible drawbacks are likely to jeopardize these ambitious purposes: the risk-based approach, grounded on different levels of risks, is imprecise; the conformity assessment has loopholes and might not be as protective as originally envisaged; some requirements are difficult to meet; the contextualization of this regulation within the European legal framework gives raise to overlaps and potential conflicts; the rights of the ones affected by this technology are not properly safeguarded; the European innovation boost might suffer a major setback. Instead of a solution for artificial intelligence, the European Union might have created a new problem.