Will EU generate another regulatory commotion in the world

When GDPR was introduced EU created so much fuss that it appeared that EU was making a law for the world. The extra-territorial jurisdiction was hyped up so much that Indian companies went into a shock from which they are yet to fully come out.

Subsequently the world was getting used to the GDPR when the Schrems Judgement and the following EDPB guidelines again caused a big stir on Cross border transfer of personal data.

The US Government under Mr Biden caved into the EU pressure and signed on the dotted line in the EU-US privacy agreement.

Now emboldened by the success of GDPR, EU seems to take yet another giant step in global Techno legislation through the Artificial Intelligence Act.

Copy of the Act is available here

The release of the draft Act has come when India is yet to finalize its version of the Data Protection Act and naturally there is a thought about whether any of the provisions of this Act could be included in the Indian proposed data protection Act.

The Tech giants raised a hue and cry when PDPB 2019 asked for Algorithmic bias audit. Probably they will go through this new law with care to see if it affects their business adversely.

The proposed regulatory framework on Artificial Intelligence with the following specific objectives:

-ensure that AI systems placed on the Union market and used are safe and respect existing law on fundamental rights and Union values;

– ensure legal certainty to facilitate investment and innovation in AI;

-enhance governance and effective enforcement of existing law on fundamental rights and safety requirements applicable to AI systems;

– facilitate the development of a single market for lawful, safe and trustworthy AI applications and prevent market fragmentation.

It may take a while for us to study the Act and comment but initial indications are clear that the law could be causing some discomfort to the Industry as well as the Government. Will it remain a small temporary disturbance or a major upheaval?…only time will tell.

The IDPS 2022 is likely to start a discussion on the Act on 11th November in one of the panel discussions.

Let’s look forward to the discussions…

Naavi

About Vijayashankar Na

Naavi is a veteran Cyber Law specialist in India and is presently working from Bangalore as an Information Assurance Consultant. Pioneered concepts such as ITA 2008 compliance, Naavi is also the founder of Cyber Law College, a virtual Cyber Law Education institution. He now has been focusing on the projects such as Secure Digital India and Cyber Insurance
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