Do you have space for another new year resolution? Step forward the EU AI Act!

The AI Act makes clear that AI literacy across both users of AI and those who are the subject of AI systems will be key to enable benefits to be reaped, whilst ensuring fundamental rights, health and safety and democratic control.

OK, we hear you say, we get the picture, but specifically, what is the new obligation on companies?  Essentially, it is a training obligation focused on those individuals who are dealing with AI systems on behalf of companies.  The obligation applies to organisations that are developing, marketing or using AI systems in their business, so are likely to apply to your company if it is touching AI.  (In the language of the AI Act, the obligation applies to "providers" and "deployers").

To be compliant with the obligation, companies will need to demonstrate sufficient levels of AI literacy in their staff, meaning equipping staff and other operators of AI systems with the necessary skills, knowledge and understanding to operate those systems.  What is necessary will depend on the context in which the AI system is being operated, so companies will need to look at both the individuals who are the subject of the AI systems and the existing knowledge of the staff being trained.  Consequently an off-the-shelf training is unlikely to be effective without some tailoring to the business and the AI systems in question.

From experience in data protection compliance, we learn that often the "weakest link" will be the human operating the system, and so we should be training users of AI systems appropriately.

For more information on how our clients are training their staff to meet this obligation please contact your usual Fieldfisher lawyers.