On October 13th, 2022, the European Data Protection Supervisor (EDPS) published an Opinion entitled “Recommendation for a Council Decision authorising the opening of negotiations on behalf of the European Union for a Council of Europe convention on artificial intelligence, human rights, democracy and the rule of law”. This independent supervisory authority welcomes the initiative taken by the European Commission to authorise negotiations on behalf of the EU regarding the future Council of Europe’s (CoE) Convention on Artificial Intelligence (AI).

In October 2022, the White House released its white paper on AI. The ‘Blueprint for an AI Bill of Rights. Making Automated Systems Work for the American People’ intends “to guide the design, use, and deployment of automated systems to protect the American public in the age of artificial intelligence”. The framework was published by the White House Office of Science and Technology Policy, which is responsible for providing the President and his Executive Office with advice on numerous topics, including technology and national security.  

For several years now, the European Commission has been working on a number of projects concerned with regulating Artificial Intelligence, digital services, and digital markets.  It has now issued a proposal for tighter rules on liability with regard to the technology industry. Amid these developments, a coalition of start-ups, small and medium enterprises, and technology companies sent a letter, dated August 24, 2022, to the European Commission expressing their concerns about the forthcoming European legislation, which seeks to modify the liability rules concerning artificial intelligence.

On January 4th, 2022, the regulation “Provisions on the Management of Algorithmic Recommendations in Internet Information Services” was adopted by China. This text will enter into force on March 1st. It follows an initial draft presented by China’s Cyberspace Administration in August 2021 and it seeks to regulate algorithms, especially those that will be employed for ‘recommendation’ purposes such as those used in search filters, social media, online stores, content services or gig work platforms.

The European Commission’s April 2021 proposal for a Regulation aiming at harmonized rules across the EU for AI is a major legal development and the negotiations at the EU level will be particularly interesting and tough. Renaissance Numérique and AI-Regulation contribute to the debate.