On 12 July 2024, EU lawmakers published the EU Artificial Intelligence Act (“AI Act”), a first-of-its-kind regulation aiming to harmonise rules on AI models and systems across the EU. The AI Act prohibits certain AI practices, and sets out regulations on “high-risk” AI systems, certain AI systems that pose transparency risks, and general-purpose AI (“GPAI”) models.

The AI Act’s regulations will take effect in different stages.  Rules regarding prohibited practices will apply as of 2 February 2025; obligations on GPAI models will apply as of 2 August 2025; and both transparency obligations and obligations on high-risk AI systems will apply as of 2 August 2026.  That said, there are exceptions for high-risk AI systems and GPAI models already placed on the market:  

  • for most high-risk AI systems that have been placed on the market or put into service in the EU before 2 August 2026, the AI Act will apply only if those systems are subject to “significant changes” in their designs after that date; and
  • for GPAI models that have been placed on the market in the EU before 2 August 2025, the AI Act’s rules will not apply to them until 2 August 2027.

The AI Act requires the Commission, among other things, to develop guidelines or adopt secondary legislation on: practical implementations of the Act, including on the definition of an AI system; prohibited practices; transparency obligations; obligations applicable to high-risk AI systems and responsibilities along the AI value chain; and the relationship of the AI Act with the Union harmonisation legislation set out in Annex I of the AI Act.  The Commission has indicated that both the guidelines on the practical implementation of the AI system definition and those on prohibited practices will be published in the next six months. 

The Covington team has monitored the AI Act since its inception, and it has published numerous blogs the substance of the AI Act and its progress through the legislative process:

If you have questions about the AI Act, or other tech regulatory matters, we are happy to assist with any queries.

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Photo of Madelaine Harrington Madelaine Harrington

Madelaine Harrington is an associate in the technology and media group. Her practice covers a wide range of regulatory and policy matters at the cross-section of privacy, content moderation, artificial intelligence, and free expression. Madelaine has deep experience with regulatory investigations, and has…

Madelaine Harrington is an associate in the technology and media group. Her practice covers a wide range of regulatory and policy matters at the cross-section of privacy, content moderation, artificial intelligence, and free expression. Madelaine has deep experience with regulatory investigations, and has counseled multi-national companies on complex cross-jurisdictional fact-gathering exercises and responses to alleged non-compliance. She routinely counsels clients on compliance within the EU regulatory framework, including the General Data Protection Regulation (GDPR), among other EU laws and legislative proposals.

Madelaine’s representative matters include:

  • coordinating responses to investigations into the handling of personal information under the GDPR,
  • counseling major technology companies on the use of artificial intelligence, specifically facial recognition technology in public spaces,
  • advising a major technology company on the legality of hacking defense tactics,
  • advising a content company on compliance obligations under the DSA, including rules regarding recommender systems.

Madelaine’s work has previously involved representing U.S.-based clients on a wide range of First Amendment issues, including defamation lawsuits, access to courts, and FOIA. She maintains an active pro-bono practice representing journalists with various news-gathering needs.

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Photo of Marty Hansen Marty Hansen

Martin Hansen has over two decades of experience representing some of the world’s leading innovative companies in the internet, IT, e-commerce, and life sciences sectors on a broad range of regulatory, intellectual property, and competition issues, including related to artificial intelligence. Martin has…

Martin Hansen has over two decades of experience representing some of the world’s leading innovative companies in the internet, IT, e-commerce, and life sciences sectors on a broad range of regulatory, intellectual property, and competition issues, including related to artificial intelligence. Martin has extensive experience in advising clients on matters arising under EU and U.S. law, UK law, the World Trade Organization agreements, and other trade agreements.

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