EU and U.S. Approaches to Artificial Intelligence Risk

Artificial Intelligence (AI) presents opportunities for companies but also creates unprecedented risks. Recognizing this dynamic, the European Union (EU) and the U.S. Government have sought to direct companies’ approach to AI. The EU AI Act, which entered into law on August 1, 2024, primarily applies to providers (i.e., developers) of AI systems but also creates obligations for companies that deploy an AI system in a professional capacity. The EU AI Act prohibits AI systems that pose an “unacceptable risk” and establishes regulatory requirements for “high-risk” AI systems. Other countries, such as the UK, are pursuing a sector-based approach to regulating AI. In the United States, the Department of Justice, on September 23, 2024, released an updated version of its guidance to prosecutors on the Evaluation of Corporate Compliance Programs (ECCP) to include AI and other emerging technologies. The revisions address consideration of AI in risk assessments, risk management, and policies and procedures. In addition to risks posed by AI, the DOJ also added language questioning whether compliance personnel have access to the same or similar technological resources (such as AI) as the core business teams, suggesting the DOJ recognizes the benefits AI and other technologies can bring to a compliance function.   

Please join faculty as they discuss:

• The scope of EU AI Act – 15 minutes
• How the UK approach to regulating AI differs - 5 minutes
• ECCP Guidance regarding AI and other emerging technologies - 15 minutes
• Compliance risks, sanctions and benefits posed by using AI - 15 minutes
• Strategies for mitigating AI risk - 10 minutes

Who Should Attend: In-house counsel and compliance professionals

Program Level: Overview

Prerequisites: An interest in risk mitigation and compliance program design

Advanced Preparation: None

Faculty:

Elise Dufour

Stephenson Harwood LLP

Katie Hewson

Stephenson Harwood LLP

Leah Moushey

Miller & Chevalier Chartered

James G. Tillen

Miller & Chevalier Chartered