Please enjoy this blog authored by Eve-Christie Vermynck, Partner at King & Spalding (London), Kassi Burns, Senior Attorney at King & Spalding (Dallas) and Adam Sattar, Associate at King & Spalding (London).
The second half of 2024 witnessed a surge in AI-related legal and regulatory developments across the EU and UK. The EU AI Act, which came into force on August 1, 2024, marked a significant milestone by becoming the world’s first comprehensive AI legislation, and on February 2, 2025 the first compliance deadline under these new laws took effect. This was followed by open consultations and regulatory guidance from various bodies, including the EU AI Office, the European Data Protection Board (EDPB), European supervisory authorities, the UK Information Commissioner’s Office (UK ICO), and the UK government.
Key Updates from the EU and UK
1. EU AI Office Publishes 2nd Draft of the GPAI Code of Practice: On December 19, 2024, the EU AI Office released the second draft of the General Purpose AI (GPAI) Code of Practice. This draft builds on the initial version by incorporating feedback from working groups and international considerations. Stakeholders are invited to submit feedback by January 15, 2025, with a final version expected in April 20252.
2. EDPB Releases Opinion on AI Models & Personal Data: The EDPB issued Opinion 28/2024 on December 17, 2024, addressing key data protection questions related to the training of AI models. The opinion examines the anonymity of AI models, the appropriateness of legitimate interest as a legal basis, and the impact of unlawful processing during the development stage.
3. European Commission publishes EU AI Act Guidelines: On February 4, 2025, the European Commission published draft guidelines on the meaning of “prohibited practices” as described in the EU AI Act. The guidelines provide practical examples, clarification of out of scope practices and measures for avoiding developing or using AI systems in ways that are likely to be prohibited. This publication was then followed by further guidelines released on February 6, 2025 on the meaning of an “AI system”, as defined in the EU AI Act. This elaborated, among other things, on what is considered a key distinguishing feature of AI systems being the capability infer outputs from inputs using AI techniques.
4. Major Announcements at the AI Action Summit in France: A key takeaway from the summit was that the EU will take the AI Liability Directive off its upcoming legislative agenda. It was expected that this law would reinforce the EU AI Act, by making it easier for victims of AI-induced harm to receive compensation for damages. Other noteworthy updates include the EU’s ‘InvestAI’ initiative to add 200 billion Euros of public investment into AI research and infrastructure and talks of a shift towards cutting red-tape to drive innovation.
5. UK Government Launches New Consultation on Copyright Law and AI: On December 17, 2024, the UK government launched a public consultation on its latest plans for the UK copyright law framework. Among other things, this consultation seeks feedback on a more nuanced text and data mining (TDM) exception than previously envisaged, and emphasizes the importance of transparency in AI development.
6. UK ICO Publishes Consultation Response to its Generative AI Series: The UK ICO published its outcomes report on December 12, 2024, following a consultation on data protection issues in generative AI. The report clarifies the EDPB’s position with respect to the lawful basis for collecting web-scraped data and the incorporation of individual rights into AI models.
7. UK Government Unveils AI Opportunities Action Plan: On January 13, 2025, the UK Prime Minister announced the AI Opportunities Action Plan, which aims to propel the UK towards becoming a global leader in AI. The plan includes recommendations for fostering AI innovation, advancing research and development, and promoting ethical AI development.
Resources for Busy Professionals
Given the busy nature of professionals, staying organized and up-to-date with AI developments can be challenging. Here are some key resources to help:
• EU AI Office: Regular updates and drafts of the GPAI Code of Practice.
• EDPB: Opinions and guidelines on data protection in the context of AI.
• UK Government: Public consultations and action plans related to AI and copyright law.
• UK ICO: Reports and consultations on data protection issues in generative AI.
Practical Guidelines for Legal Practitioners
Stay Updated on AI Regulations:
Regularly review updates from the EU AI Office, EDPB and EU Member States supervisory authorities, UK ICO, and other relevant bodies.
Monitor the progress of the EU AI Act and its implications for AI model compliance.
Engage in Public Consultations:
Participate in consultations such as the UK government's consultation on copyright law and AI to provide feedback and stay informed about potential changes.
Understand Data Protection in AI:
Familiarize yourself with the EDPB's opinions on AI models and personal data, including the conditions for anonymity and legitimate interest as a legal basis for processing.
Familiarize yourself with the ICO’s five-part consultation series and outcomes report on generative AI and data protection.
Implement Robust AI Governance:
Utilize tools like the UK government's AIME tool to establish and assess AI governance practices within your organization.
Promote Transparency and Accountability:
Ensure transparency in AI development by sharing sources of training material and content generated by AI models.
Maintain good practices in documenting legitimate interest assessments and regularly review them.
Prepare for Future AI Regulatory Developments:
Keep an eye on upcoming regulatory milestones and international forums on AI, such as the AI World Congress in London (June 18, 2025).
Leverage Key Resources:
Utilize resources from the EU AI Office, EDPB and EU Member States supervisory authorities, UK government, and UK ICO to stay organized and informed about AI developments.
Conclusion
As we move forward into 2025, the AI landscape will continue to evolve rapidly. Staying informed about the latest legal and regulatory developments is crucial for professionals navigating this dynamic field. By leveraging the resources mentioned above, professionals can better manage their workload and stay ahead of the curve.
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