Test Harmonising Artificial Intelligence: The role of standards in the EU AI Regulation

Abstract

The draft EU AI Regulation is a far-reaching attempt to provide a regulatory foundation for the safe, fair, and innovative development of Artificial Intelligence in the European Union and is likely to have consequences across the globe. An important feature of the Regulation, which has so far provoked little academic debate, is its use of technical standards to help achieve its goals. However, standardisation is complicated and the nexus between standards and the European Commission’s goals is a challenging intersection of stakeholders, economic interests, and established standards development organizations. Building on extensive research and stakeholder consultation, the draft Regulation sets out a comprehensive framework for AI governance and standards. The large number of comments from stakeholders the draft Regulation has received reflect both the significance of such a proposed regulatory framework, and its anticipated global influence. It borrows mechanisms from the GDPR, but it also recognizes the unique role and challenges that AI presents. In addition, the EU itself is reconsidering its model for standardisation and is in the process of gathering input to a revised approach to European standardisation. This paper focuses on the role that the draft Regulation gives to standards for AI. Specifically, conformance with harmonised standards will create a presumption of conformity for high-risk AI applications and services – lending a level of confidence that they are in compliance with the onerous and complex requirements of the proposed Regulation and creating strong incentives for industry to comply with European standards.

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