The European business landscape is facing a significant change with the entry into force of the European Regulation on Artificial Intelligence (AI) in August 2024. This new regulatory framework aims to promote responsible development of AI in the European Union, establishing clear guidelines and penalties for those who do not comply with the regulations.
Impact on the Business Sector
The adoption of Artificial Intelligence (AI) tools in Spain has reached a significant milestone, with over 24% of companies already using some form of AI technology. This represents approximately one in four companies, as revealed by the “III Report on Digital Transformation” by InfoJobs.
Among the most popular tools is ChatGPT, which since its launch in November 2022 has attracted 200 million active users weekly globally. In February 2024, this platform recorded over 1.5 million visitors, according to data published by the financial services company UBS.
Main Affected by the AI Regulation
The AI Regulation establishes different categories of operators, including providers, representatives, distributors, importers, downstream users, and deployment actors. However, the most affected will be providers of high-risk AI systems, who will have to comply with a more complex set of obligations.
Natalia Patiño, Legal ICT consultant at Secure&IT, explains: “We refer to AI systems that are intended for use as security components or are security systems themselves. Some examples are: motor vehicles; medical devices; civil aircraft; toys; recreational boats and personal watercraft; elevators…”
Penalties for Non-Compliance
Organizations that do not adapt to the regulations within the established deadlines could face severe penalties. Patiño warns: “Fines can reach up to 35 million euros or 7% of the total turnover of the previous financial year, whichever is higher.”
Immediate Consequences
The implementation of the AI Regulation has already had repercussions on some technology companies. For example, Apple has announced that its AI, known as Apple Intelligence, will not be available in Europe in the short term due to Brussels’ policies regarding AI.
Risks Associated with AI Use
Despite the new regulation, the use of AI still presents certain risks:
- Improper use of information provided in prompts.
- Possible security incidents compromising sensitive data.
- Generation of incorrect results or “hallucinations” due to lack of continuous human supervision.
Consultant Patiño emphasizes the importance of correctly distinguishing between what is and is not AI: “The problem is that the concept of ‘Artificial Intelligence’ is being used, in some cases, solely as a marketing strategy. This indiscriminate use can lead to incorrect application of the AI Regulation, thus causing confusion when determining which requirements and legal obligations are truly enforceable in each case.”
In conclusion, as AI continues to transform the business landscape, the new European Regulation seeks to establish a balance between innovation and responsibility, imposing significant penalties on those who do not comply with the new rules.