ZEW Economist Dominik Rehse on Upcoming Trilogue for EU AI Act

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Preserving Regulatory Flexibility

On 6 December 2023, representatives of the European Union's institutions convene for a new round of trilogue negotiations on the draft Artificial Intelligence Act.

On 6 December 2023, representatives of the European Commission, the European Parliament, and the Council of the European Union will convene for a new round of trilogue negotiations on the draft Artificial Intelligence Act. Among others, agreement has yet to be reached on the regulatory approach to generative AI. Dr. Dominik Rehse, head of the Junior Research Group “Digital Market Design” at ZEW Mannheim, has commented on this matter:

“The AI Act should include clear guidelines for regulating generative AI. At the same time, these guidelines should avoid excessive constraints in order to have enough leeway to adapt regulation to the rapidly evolving technological landscape. In the trilogue on the AI Act, it is crucial to maintain this flexibility, particularly with regard to ‘foundation models’ – generative AI models adaptable for various purposes. Neither the EU Parliament’s call for an exhaustive testing regime nor the widespread self-governance proposed by the governments of Germany, France, and Italy is likely to prove optimal in the medium term. A more effective approach involves discussions on the institutions best suited to make use of the necessary regulatory leeway, how to weigh the opportunities and risks of generative AI, and how to respond swiftly if necessary.”