On June 3, 2025, the OECD introduced a new framework called AI Capability Indicators that compares AI capabilities to human abilities. The framework is intended to help policymakers assess the progress of AI systems and enable informed policy responses to new AI advancements. The indicators are designed to help non-technical policymakers understand the degree of advancement of different AI capabilities. AI researchers, policymakers, and other stakeholder groups, including economists, psychologists, and education specialists, are invited to submit their feedback to the current beta-framework.Continue Reading OECD Introduces AI Capability Indicators for Policymakers
European Commission Guidelines on the Definition of an “AI System”
In February 2025, the European Commission published two sets of guidelines to clarify key aspects of the EU Artificial Intelligence Act (“AI Act”): Guidelines on the definition of an AI system and Guidelines on prohibited AI practices. These guidelines are intended to provide guidance on the set of AI Act obligations that started to apply on February 2, 2025 – which includes the definitions section of the AI Act, obligations relating to AI literacy, and prohibitions on certain AI practices.
This article summarizes the key takeaways from the Commission’s guidelines on the definition of AI systems (the “Guidelines”). Please see our blogs on the guidelines on prohibited AI practices here, and our blog on AI literacy requirements under the AI Act here.Continue Reading European Commission Guidelines on the Definition of an “AI System”
European Commission Guidelines on Prohibited AI Practices under the EU Artificial Intelligence Act
In February 2025, the European Commission published two sets of guidelines to clarify key aspects of the EU Artificial Intelligence Act (“AI Act”): Guidelines on the definition of an AI system and Guidelines on prohibited AI practices. These guidelines are intended to provide guidance on the set of AI Act obligations that started to apply on February 2, 2025 – which includes the definitions section of the AI Act, obligations relating to AI literacy, and prohibitions on certain AI practices.
This article summarizes the key takeaways from the Commission’s guidelines on prohibited AI practices (“Guidelines”). Please see our blogs on the guidelines on the definition of AI systems here, and our blog on AI literacy requirements under the AI Act here.Continue Reading European Commission Guidelines on Prohibited AI Practices under the EU Artificial Intelligence Act
CJEU Receives Questions on Copyright Rules Applying to AI Chatbot
On April 3, 2025, the Budapest District Court made a request for a preliminary ruling to the Court of Justice of the European Union (“CJEU”) relating to the application of EU copyright rules to outputs generated by large language model (LLM)-based chatbots, specifically Google’s Gemini (formerly Bard), in response to a user prompt. This Case C-250/25 involves a dispute between Like Company, a Hungarian news publisher, and Google Ireland Ltd.Continue Reading CJEU Receives Questions on Copyright Rules Applying to AI Chatbot
Global CBPR and PRP Certifications Launched: A New International Data Transfer Mechanism
On June 2, 2025, the Global Cross-Border Privacy Rules (“CBPR”) Forum officially launched the Global CBPR and Privacy Recognition for Processors (“PRP”) certifications. Building on the existing Asia-Pacific Economic Cooperation (“APEC”) CBPR framework, the Global CBPR and PRP systems aim to extend privacy certifications beyond the APEC region. They will allow controllers and processors to voluntarily undergo certification for their privacy and data governance measures under a framework that is recognized by many data protection authorities around the world. The Global CBPR and PRP certifications are also expected to be recognized in multiple jurisdictions as a legitimizing mechanism for cross-border data transfers.Continue Reading Global CBPR and PRP Certifications Launched: A New International Data Transfer Mechanism
European Commission Publishes Q&A on AI Literacy
On May 7, 2025, the European Commission published a Q&A on the AI literacy obligation under Article 4 of the AI Act (the “Q&A”). The Q&A builds upon the Commission’s guidance on AI literacy provided in its webinar in February 2025, covered in our earlier blog here. Among other things, the Commission clarifies that the AI literacy obligation started to apply from February 2, 2025, but that the national market surveillance authorities tasked with supervising and enforcing the obligation will start doing so from August 3, 2026 onwards.Continue Reading European Commission Publishes Q&A on AI Literacy
EU’s Community of Practice Publishes Updated AI Model Contractual Clauses
The “market” for AI contracting terms continues to evolve, and whilst there is no standardised approach (as much will depend on the use cases, technical features and commercial terms), a number of attempts have been made to put forward contracting models. One of the latest being from the EU’s Community of Practice on Public Procurement of AI, which published an updated version of its non-binding EU AI Model Contractual Clauses (“MCC-AI”) on March 5, 2025. The MCC-AI are template contractual clauses intended to be used by public organizations that procure AI systems developed by external suppliers. An initial draft had been published in September 2023. This latest version has been updated to align with the EU AI Act, which entered into force on August 1, 2024 but whose terms apply gradually in a staggered manner. Two templates are available: one for public procurement of “high-risk” AI systems, and another for non-high-risk AI systems. A commentary, which provides guidance on how to use the MCC-AI, is also available.Continue Reading EU’s Community of Practice Publishes Updated AI Model Contractual Clauses
Ofcom Explains How the UK Online Safety Act Will Apply to Generative AI
On November 8, 2024, the UK’s communications regulator, the Office of Communications (“Ofcom”) published an open letter to online service providers operating in the UK regarding the Online Safety Act (“OSA”) and generative AI (the “Open Letter”). In the Open Letter, Ofcom reminds online service providers that generative AI tools, such as chatbots and search assistants may fall within the scope of regulated services under the OSA. More recently, Ofcom also published several pieces of guidance (some of which are under consultation) that include further commentary on how the OSA applies to generative AI services.Continue Reading Ofcom Explains How the UK Online Safety Act Will Apply to Generative AI
European Commission Provides Guidance on AI Literacy Requirement under the EU AI Act
On February 20, 2025, the European Commission’s AI Office held a webinar explaining the AI literacy obligation under Article 4 of the EU’s AI Act. This obligation started to apply on February 2, 2025. At this webinar, the Commission highlighted the recently published repository of AI literacy practices. This repository compiles the practices that some AI Pact companies have adopted to ensure a sufficient level of AI literacy in their workforce. Continue Reading European Commission Provides Guidance on AI Literacy Requirement under the EU AI Act
CJEU Receives Questions on the AI Act Relating to Automated Decision Making
On November 25, 2024, Bulgaria’s Sofia District Court made a request for a preliminary ruling to the CJEU relating to the provisions on automated decision-making (“ADM”) under the AI Act. Case C-806/24 relates to a claim made by a telecoms company against a consumer who did not pay his bills. The consumer argues that the telecom company’s method of automatically calculating fees constitutes an ADM system subject to Article 86(1) of the AI Act, and raised questions about the transparency, human review, and fairness aspects of the ADM system. The Bulgarian court requests to the CJEU clarification on 17 questions of law, citing the AI Act, the Unfair Terms Directive, and the Consumer Rights Directive. Continue Reading CJEU Receives Questions on the AI Act Relating to Automated Decision Making