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February 2, 2025, marked a milestone in technological regulation in Europe with the entry into force of the first obligations of the European Artificial Intelligence Regulation (RIA). This new regulation establishes a demanding legal framework for the development, use, and deployment of AI systems in the European Union, with penalties that can reach up to 35 million euros or 7% of annual turnover in case of non-compliance.
The gradual implementation of the regulation allows companies and organizations to adapt over time, but the first requirements are already mandatory and affect thousands of companies that develop or use AI-based technologies.
First Obligations in Effect
The RIA has begun its regulatory rollout with two major regulatory blocks that are already active:
1. AI Literacy: Mandatory Training
Article 4 of the RIA imposes on companies the obligation to ensure that all personnel involved in the development or use of AI systems receive adequate training. This is not just applicable to technical staff or developers; it also affects marketing, human resources, customer service, and anyone who might influence the use of artificial intelligence tools.
AI literacy must cover:
- Basic functioning and capabilities of AI systems.
- Limitations, biases, and associated risks.
- Good ethical and legal practices.
Organizations, therefore, must design training programs tailored to their teams, with periodic updates and compliance monitoring.
2. Prohibition of Unacceptable Uses
Article 5 of the regulation prohibits AI practices that may violate fundamental rights or create unacceptable social risks. Among these prohibited practices are:
- Subliminal manipulation to influence behaviors.
- Exploitation of vulnerabilities of individuals with disabilities or vulnerable groups.
- Social scoring based on behaviors or personal characteristics.
- Predictive policing using personal data analysis.
- Emotional recognition in workplace or educational settings.
Any company that detects the use of these practices must immediately eliminate them to avoid multimillion-euro fines and reputational damage.
Who Needs to Adapt?
The regulation applies to all actors who develop, market, deploy, or use AI systems:
- AI Providers: companies that create or sell artificial intelligence systems.
- Users or Deployment Managers: companies that use AI systems in their internal processes or in customer relations.
- Third-party Collaborators: anyone involved in the operation or management of AI systems within the organization.
Given the cross-cutting nature of AI across multiple sectors, from banking to healthcare, retail, logistics, and human resources, very few companies fall outside the scope of application of the RIA.
How to Comply with the Regulation: Roadmap
Organizations must act quickly and adopt a strategic approach to ensure compliance:
1. Conduct a Complete Inventory of AI Systems
The first step is to identify all AI solutions used directly or indirectly. This includes external tools, proprietary algorithms, automations, chatbots, or predictive analysis systems.
2. Assess the Risk Level
Each system must be classified according to its risk level: low, limited, high, or unacceptable. Prohibited categories must be eliminated immediately.
3. Design a Mandatory Training Plan
AI literacy is not optional. Companies must implement periodic training programs tailored to different levels of responsibility.
4. Review Contracts and Agreements with Providers
It is essential to ensure that all contracts with third parties comply with the regulation and include specific clauses of liability and compliance with the RIA.
5. Establish Supervision and Audit Mechanisms
Implement continuous control processes that allow deviations, failures, or non-compliance to be detected, as well as corrective action plans.
6. Seek Specialized Legal Advice
The regulation is complex and dynamic. The role of legal advisors who are experts in technology law and artificial intelligence is key to interpreting the regulations, anticipating regulatory changes, and avoiding conflicts or penalties.
Risks of Non-compliance
Sanctions for violating the RIA are severe and can reach up to 35 million euros or 7% of the annual global business volume, in addition to the possibility of temporary or permanent prohibition of the use of violating technologies and serious reputational damage.
The European Commission will be particularly vigilant regarding practices such as subliminal manipulation or the use of social scores, which directly attack fundamental principles of the Union.
Opportunity to Differentiate
Regulatory compliance should not be seen merely as an obligation, but as a competitive advantage. Companies that implement strong AI governance and transparency policies from now on will position themselves as responsible leaders in their sectors, gaining the trust of customers, investors, and society.
In an increasingly demanding and regulated market, being proactive is key. Artificial intelligence will shape the future of business, but only those companies that combine innovation with regulatory compliance will be able to leverage its full potential sustainably.
Source: Artificial Intelligence News