First concrete obligations on entities using AI

The European Union’s Artificial Intelligence Act, which comes into force on 2 February 2025, introduces the first concrete obligations on entities involved in the use of AI, the most important of which being the AI literacy obligation.

Key facts:

• Article 4 of the AI Act states that “Providers and implementers of AI systems shall take measures to ensure, to the greatest extent possible, a sufficient level of AI literacy of their personnel and other persons engaged in the operation and use of AI systems on their behalf, taking into account their technical knowledge, experience, education and training and the context in which the AI systems are to be used, and taking into account the persons or groups of persons in relation to whom the AI systems are to be used.”
• AI literacy involves, in addition to understanding the basic principles of how AI works, understanding AI capabilities such as pattern recognition concepts and language processing.

• In terms of prohibited practices, the AI Regulation prohibits the following in the use of AI systems:
  • subliminal, manipulative or misleading techniques
  • the exploitation of vulnerabilities (age, disability, specific social or economic situations)
  • social assessment (not applicable to governments and only in respect of unfavourable treatment that is unjustified or disproportionate to the data collection)
  • profiling for criminal risk assessment (only preventative profiling is prohibited and with certain exceptions)
  • Facial recognition databases (for non-targeted collection of facial data)
  • identifying people’s emotional state in work- and education-related situations (exceptions are made for medical and safety reasons)
  • biometric classification (in connection with 9 of the GDPR on special personal data)
  • Real-time remote biometric remote identification in public places (exceptions are made for screening systems, such as airport security checks). 

Source: REGULATION (EU) 2024/1689 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) 300/2008, (EU) 167/2013, (EU) 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (the Artificial Intelligence Act)