Artificial Intelligence and Anticipatory Compliance: an opportunity for Enterprises

Artificial intelligence (“AI”) is the technology of simulating human intelligence processes through the creation and application of algorithms embedded in a dynamic computing environment. To simplify, AI aims at creating computers which can think and act similarly to humans.

It is notorious that AI is overwhelmingly spreading, with unpredictable outcomes. In this context, on December 9, 2023, the Commission, the Council and the European Parliament reached a preliminary agreement regarding the content of the “AI Act”, i.e., the first regulation in the world designed to regulate artificial intelligence. Technical experts are currently working on the final text.

Pending the enactment and entry into force of the final text of the regulation, the question is:

which steps could be made to be ready?

In this context, it is of great interest a possible “Anticipatory Compliance” through the “AI Pact”, a pioneering initiative promoted by the European Commission. The AI Pact is a voluntary anticipatory compliance programme inviting companies to implement the measures envisaged in the regulation even before its entry into force.

By joining the AI Pact, companies could demonstrate in advance a commitment to (and compliance with) the future goals of the AI Act. The companies joining the AI Pact would make statements of commitment to comply with the AI Act; such statements, accompanied by several specific actions to be put in place, will be collected and published by the EU Commission in order to ensure increased visibility and reliability on AI technologies developed by companies involved in the AI Pact.

Benefits arising out of joining the AI Pact include:

  • A strategic advantage: joining the AI Pact could enable companies to adapt to emerging regulations in advance and address the challenges of the rapidly evolving technology environment in a timely manner.
  • A competitive advantage: enterprises could gain a competitive advantage over competitors who opted not to join the Pact.
  • A reputational advantage: being part of the AI Pact could enhance business reputation and strengthen consumer confidence.