AI Regulatory trends in comparative law – Risk based approach and others

Ricardo Fischer

ASIPI - United States

Begoña González

Max Planck for Innovation and Competition - Spain

Juan Felipe Porta

Ryan Lussich & Asociados - Abogados - Argentina

AI Regulatory trends in comparative law – Risk based approach and others

Globally, there is a dynamic movement focused on the enactment for AI regulation in general. Policy developers and legislators propose having a clear regulatory framework that, while seeking to optimize the opportunities and benefits resulting from AI, also mitigates the risks that evidently may arise from this technology. In December 2023, the European Union approved a regulation on AI, becoming the pioneer region in AI regulation; the regulation adopts a risk-based approach and respects the fundamental principles and rights of individuals. According to data from the OECD AI Policy Observatory, regulatory efforts are also underway in other countries such as India, China, the United States, Canada, Japan, the United Kingdom, Singapore, and South Korea; regulatory approaches vary among many of the jurisdictions developing them, but there are common points of treatment, which should lead to greater uniformity in regulatory management.

Why is it necessary to regulate AI? What does the development of this regulation imply for the advancement of AI, for society, and for individuals? What characteristics should regulatory frameworks have to achieve a balance between advancements and risk mitigation? What approach should regulation take (basic principles, risks, sector-specific rules, involvement of the private sector)? Panelists with experience in AI regulation processes will provide us with the current overview of regulations aimed at this technology, what is covered, what is left out, and what we should expect moving forward.

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