16 July 2024

The regulation on artificial intelligence has been published!

On the 12 July 2024, the AI Act was published in the Official Journal of the European Union. It is the first comprehensive regulation that provides norms for the use of artificial intelligence. The regulation divides AI systems into four categories of risk: unacceptable, high, limited and low. 

The AI Act introduces a number of new obligations, including for entities that use high-risk AI systems (which may affect employers). These include:

  • Before putting into service or using a high-risk AI system at the workplace, deployers who are employers shall inform workers’ representatives and the affected workers that they will be subject to the use of the high-risk AI system. This information shall be provided, where applicable, in accordance with the rules and procedures laid down in Union and national law and practice on information of workers and their representatives.
  • In addition, entities that use high-risk AI systems must entrust human oversight to natural persons who have the necessary competence, training and authority, as well as the necessary support.

Providers of high-risk AI systems, such as tools for recruiting or publishing job advertisements, or for analysing and assessing candidates, will in turn be required, among other things, to:

  • implement and document a risk management system,
  • ensure that events can be automatically recorded, and the records stored,
  • draw up technical documentation before the system enters the market (applies also to importers),
  • ensure transparency in the system’s operation (e.g., drawing up an information clause),
  • ensure human oversight during the design of the system.

The Regulation will enter into force on 1 August 2024, while it will apply, in principle, from 2 August 2026, with two exceptions:

  • from 2 February 2025 the provisions on general and prohibited practices will start to apply, affecting marketing, commissioning and use of AI for such things as building facial recognition databases or perceiving emotions of individuals in the workplace,
  • from 2 August 2027 the provisions on obligations associated with high-risk AI systems will start to apply.

The AI Act applies directly in all the Member States of the European Union.

Therefore, the Ministry of Digitalisation has announced that it is working on legislation to regulate the use of artificial intelligence in Polish law.
Text of the Regulation

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