Step 1: Classify whether your software is regulated as an AI System, a General-Purpose AI System, or an AI model
1. An “AI System” under the AI Act means:
“… A machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.”
“AI System” clearly has a broad definition and is structured to differentiate it from less sophisticated software which has been in existence and used for many years and which has not demonstrated a need for specific regulation. It is important to be able to distinguish between standard programming approaches and AI.
AI Models are essential components of AI Systems (the categorisation which attracts regulation under the AI Act) and while they are the key component of AI Systems, further components such as an interface, etc., are necessary to become classified as an AI System.
2. "General-purpose” AI Models are defined as being:
“… Trained with a large amount of data using self-supervision at scale, that displays significant generality and is capable of competently performing a wide range of distinct tasks regardless of the way the model is placed on the market and that can be integrated into a variety of downstream systems or applications, except AI models that are used for research, development or prototyping activities before they are placed on the market.”
General Purpose AI Models are differentiated on the basis of the breadth of tasks which those systems can undertake. Recital 100 sets out that such systems have the “capability to serve a variety of purposes” and that they can be used directly or integrated into other AI Systems. Recital 99 clarifies that “Large generative AI models are a typical example for a general-purpose AI model”.
General Purpose AI Models are treated and regulated in a different way to AI Systems due to their versatility, their manifestation as consumer useable general online platforms and potential to have systemic risks as a result.
Discover more
You may be interested in...
In Person Event
Understanding artificial intelligence
Opinion
New hope for the manufacturing sector?
Guide
EU Artificial Intelligence (AI) Act: Guide for your business
Press Release
Browne Jacobson advises IT and cybersecurity provider on strategic expansion into Ireland
Press Release - Firm news
Browne Jacobson appoints Bobby Dixit as industry-aligned expert for the technology sector
Legal Update
How might AI impact insurer climate targets?
Legal Update
Using AI to help spot vulnerable customers
Legal Update
(Deep)fake it till you make it? The ASA's role in regulating false celebrity endorsements
Press Release
Browne Jacobson has advised Maven Capital Partners during a £650,000 investment in Traverse
Press Release
Jeanne Kelly recognised in the list of Top 100 people in Irish Tech by the Business Post
Press Release
Browne Jacobson strengthens Irish Corporate team with appointment of Principal Associate James Byrne
Legal Update
Artificial intelligence in insurance: Targeted marketing as a quasi-underwriting function
Legal Update
UK election 2024: What are the healthcare promises made by the major political parties?
Press Release
Browne Jacobson advises Inspeq AI on $1.1m investment led by Sure Valley Ventures
Legal Update - Consumer Duty
The Financial Conduct Authority’s approach to AI regulation
Legal Update
The FCA comments on competition between big tech firms and financial service firms
Press Release
Browne Jacobson expands significantly in London with Technology and Commercial team hire from EY Law
Press Release
Browne Jacobson advises Hurricane Modular Commerce on multi-million venture debt facility
Legal Update
The EU AI Act: What does it mean for insurers?
Legal Update
The space data revolution
Press Release
‘Privacy by design’ approach will help health and care organisations gain public trust in using technology as ICO publishes new guidance
Legal Update
Understanding the ICO's new fining guidance
Press Release
Browne Jacobson advises Bluprintx on its acquisition of Definitive Results
Legal Update
AI deep fake fraud exposed - five key lessons and how we need to respond
Legal Update
Cyber-attacks in UK universities: Why failing to prepare is no longer an option
Legal Update
Explaining artificial intelligence use to insurance customers
Legal Update
Artificial intelligence – shaping a sustainable future
Legal Update
Gatekeepers under the DMA – TikTok’s battle to have its designation revoked
Legal Update
Progress on the Automated Vehicles Bill
Press Release
Browne Jacobson advises BGF on £5m investment in The Insights Family
Legal Update
The rise of AI in construction
Legal Update
Artificial intelligence – How does AI think it can assist insurers?
Press Release
Browne Jacobson advise Edit Agency on it’s acquisition of CustomerKIND
Legal Update
How to mitigate risk in disputes arising from AI use in technology projects
On-Demand
Copyright issues with AI webinar
Published Article
Al in construction: Do your contracts mitigate the risks?
Press Release
Browne Jacobson advises NTT DATA on its acquisition of Sapphire
Press Release
Browne Jacobson advises on the acquisition of Dynamic Networks
Press Release
Browne Jacobson advise Platform Housing on landmark deal, creating over 300 affordable and sustainable homes
