The European Commission has recently unveiled the Guidelines concerning prohibited artificial intelligence (AI) practices delineated by the AI Act. These guidelines outline AI activities that are considered unacceptable due to their potential threats to European values and fundamental rights.

The AI Act strives to balance the promotion of innovation with the necessity of safeguarding health, safety, and fundamental rights. It categorizes AI systems into various risk tiers, including those that are prohibited, high-risk, and those subject to transparency mandates. Specifically, the guidelines highlight harmful manipulation, social scoring, and real-time remote biometric identification.

Designed to facilitate a consistent, effective, and uniform application of the AI Act throughout the European Union, these guidelines provide insights into the Commission’s interpretation of the prohibitions. However, it is essential to note that they are non-binding, with authoritative interpretations reserved for the Court of Justice of the European Union (CJEU). The guidelines offer legal clarifications and practical examples to assist stakeholders in navigating the requirements of the AI Act. This initiative reflects the EU’s commitment to nurturing a safe and ethical AI environment.

It is important to mention that while the Commission has approved the draft guidelines, they have yet to be formally adopted.

Read more about AI and IP in our article series AI matters.