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08DEC2023replayed
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policyEuropean Parliament · European Council · European Commission

EU negotiators strike political deal on AI Act

After late-night trilogue talks on December 8-9, the European Parliament, Council and Commission agree on risk tiers, foundation-model transparency rules and biometric limits, setting the framework for EU AI rules.

After late-night and early-morning trilogue talks on December 8-9, negotiators from the European Parliament, Council and Commission have reached a political agreement on the Artificial Intelligence Act.

The deal cements a risk-based framework: AI systems deemed ‘unacceptable risk’ — including real-time remote biometric identification in public spaces, social scoring and certain predictive policing — are banned outright, with narrow exceptions for law enforcement. ‘High-risk’ systems in areas like employment, education and critical infrastructure face stringent obligations, including mandatory fundamental rights impact assessments. A new filter system lets some providers self-classify out of high-risk if their AI performs narrow procedural tasks.

Foundation models, or general-purpose AI (GPAI), were heavily debated. The compromise imposes tiered rules: all GPAI models must meet transparency and copyright requirements, while those trained with computing power exceeding 10^25 FLOPs face systemic-risk obligations akin to high-risk systems. Fines for non-compliance can reach EUR 35 million or, for companies, 7% of total worldwide annual turnover, whichever is higher.

The political deal now heads to formal adoption by Parliament and Council, with enforcement staggered through 2026. For now, the shape of the fight — between innovation and fundamental rights — is settled.

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European Commission

Welcomed the political agreement, calling it a 'watershed moment' and highlighting new obligations for general-purpose AI models that will be operationalised through codes of practice.

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Gibson Dunn analysis

Noted the deal's 'long arm' will impact a broad range of businesses, requiring proactive engagement with novel measures like fundamental rights impact assessments.

One year later — open only if you can handle spoilers

The AI Act became fully enforceable in August 2026, after a phased rollout. Its tiered approach to foundation models later influenced regulatory discussions in Canada, Japan and Brazil, though enforcement against frontier model makers proved politically fraught in practice.

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