Tim Glowa, M.B.A., IBDC.D, GCB.D, (he/him)
On December 8, 2023, the European Union (EU) took a significant step towards regulating artificial intelligence (AI) with its recent agreement on rules governing its use in various sectors. These regulations aim to address ethical concerns and ensure responsible development of AI, particularly in areas like facial recognition and law enforcement applications.
For US-based companies utilizing AI, the new EU regulations carry important implications:
1. Complying with EU regulations if serving European customers: Companies targeting European customers, regardless of their headquarters, must comply with the new EU AI regulations. This necessitates a thorough review of existing AI practices, particularly those impacting data privacy, transparency, and fairness. Implementing robust AI governance frameworks and ensuring accountability for AI decisions will be crucial. Failure to comply could lead to hefty fines and reputational damage.
2. Preparing for similar regulations in North America: While the US currently lacks comprehensive AI regulations, the EU's decisive action raises the likelihood of similar legislation emerging in North America. Companies should view the EU regulations as a bellwether and proactively adapt their AI practices. This includes investing in ethical AI development, fostering transparency in algorithms, and prioritizing data privacy. By preparing for future regulations, companies can gain a competitive edge and stay ahead of the curve.
Additionally, the EU regulations may have broader implications for US companies, including:
- Increased focus on Explainable AI (XAI): As the EU regulations emphasize explainability and transparency in AI decision-making, companies will need to invest in XAI technologies to demonstrate how their AI systems arrive at specific outputs.
- Potential for fragmented global regulatory landscape: With different regions implementing their own AI regulations, companies may face a complex and fragmented regulatory landscape, requiring them to adapt their practices depending on the market they operate in.
Boards of US and Canadian companies should prioritize understanding the EU regulations and their potential impact on their business. Proactive action in adapting AI practices to comply with emerging regulations will be essential for ensuring sustainable growth and success in the global marketplace.