EU AI Act Update – Latest developments and potential roadblocks ahead

By: Thorsten Ammann & Constantin Orth (DLA Piper)

Following the adoption of its position on the draft EU AI Act by an overwhelming majority on June 14, 2023, the EU Parliament has entered the final stage of the legislative process. The trialogue negotiations, involving the Parliament, the EU Council of Ministers, and the European Commission, have commenced, aligning with the Spanish presidency’s ambitious goal to secure a deal by the end of November.[1] This article provides a concise overview of the recent developments and potential challenges facing the EU AI Act.

By July 2023, the involved parties had reached political consensus on less contentious negotiation topics, encompassing obligations for providers and users of high-risk systems, conformity assessment bodies, and technical standards.[2] Following a relatively quiet summer period, the debate has gained momentum in recent weeks, heightening the urgency for the Spanish presidency to finalize the legislation. DLA Piper closely monitors the legislative discourse, recognizing the increasing controversies shaping the swiftly evolving landscape surrounding the EU AI Act.

The discussion has notably intensified around foundation models, with negotiators initially appearing close to consensus on the tiered approach during the trilogue negotiations on October 24, 2023.[3] However, recent developments reveal the contrary. On November 10, 2023, negotiations broke down as larger member states sought to retract the proposed approach for foundation models.

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