EU Takes Steps to Develop General Purpose AI Code of Practice

Akin Gump Strauss Hauer & Feld LLP

Following the publication of the European Union’s Artificial Intelligence Act (AI Act or Act) on 12 July 2024, there are now a series of steps that various EU bodies need to take towards implementation. One of the first key steps is in relation to the establishment of codes of practice to “contribute to the proper application” of the AI Act.

Article 56 of the AI Act requires that the AI Office facilitate the drawing up of codes of practice, particularly in relation to general-purpose AI (GPAI). As part of developing these codes of practice, the AI Office is encouraged to seek input from key stakeholders, including providers of GPAI, civil society organisations, industry, academia and other relevant stakeholders.

Preparation of the codes of practice has been organised into four working groups, and each will have a chair and vice-chair, appointed by the AI Office:

(i) Working Group 1: Transparency and copyright-related rules

(ii) Working Group 2: Risk identification and assessment measures

(iii) Working Group 3: Risk mitigation measures

(iv) Working Group 4: Internal risk management and governance for general-purpose AI model providers

Throughout the month of August, the AI Office invited key stakeholders, including AI providers and civil society organisations, to participate in drawing up the first GPAI code of practice, which must be implemented by 2 May 2025. The consultation was extended to 18 September 2024 to allow for more contributions.

By mid-September 2024, the AI Office is also expected to elect the four chairs and vice-chairs for the working groups that will be tasked with developing the code of practice. The code will be prepared in an iterative drafting process, with a kick-off plenary session followed by three virtual rounds of drafting. GPAI providers will be given the opportunity to provide feedback on the code of practice before it is approved. The final version of the code of practice will be presented at a closing plenary session, expected to take place in April 2025, following which it will be published.

It is intended that the code of practice will help guide companies towards compliance while they await the development and adoption of harmonised standards.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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