In the light of numerous technological changes and challenges, the legal systems of the European countries strive for a balanced approach and regulation in the field of modern technologies and artificial intelligence.
The Artificial Intelligence Act was unanimously adopted in February 2024 by the Council of the EU. The purpose of the normative act is to create the world’s first unified legal framework for the development, implementation, use and offering of services provided by artificial intelligence on the market in accordance with the values of the Union, while not allowing Member States to impose their own restrictions in this area . A risk-based approach is adopted (level of unacceptable, high and limited or minimal risk in relation to certain practices).
The list of prohibited practices includes all artificial intelligence systems, the use of which is considered unacceptable due to a conflict with the values of the Union, for example in violation of fundamental rights. Practices that pose a high risk to health and safety or to the fundamental rights of natural persons are permitted on the European market subject to certain mandatory requirements and prior compliance assessment. The regulation allows the free use of artificial intelligence with minimal risk. Its vote by the European Parliament is pending.
Artificial intelligence is a reliable means of development in the field of business and e-commerce. The majority of systems currently used both by EU structures and by natural and legal persons residing on its territory fall into the category of practices with minimal risk available under the regulation’s definition. Through various machine algorithms for data mining, neuro-linguistic programming and visual information processing, marketers successfully support their business by targeting and maintaining a wider range of potential or current customers.
The draft regulation, which is to be approved by the EP within the month of March of this year, is to deepen the development of private businesses and e-commerce. By harmonizing the legislation of the Member States in the field of artificial intelligence, the activity of sales in the online space would be supported by regulating the probability of activities unfavorable to the trader and consumers.
