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UK regulators asked for advice on EU AI Act

UK regulators have been asked for help in navigating the EU AI Act under an initiative that allows businesses to seek informal advice from multiple authorities on prospective new products, services or business models, Out-Law can reveal. 

The Digital Regulation Cooperation Forum (DRCF) AI and Digital Hub has been operational since April and spans the regulatory remits of the four UK authorities: the Competition and Markets Authority (CMA), Ofcom, the Information Commissioner's Office (ICO) and the Financial Conduct Authority (FCA). 

The free informal advice service the Hub offers, which is subject to an application process and eligibility criteria, is a one-year pilot initiative designed to support innovation and UK economic growth. The DRCF told Out-Law that it is seeking to encourage greater take-up from innovators. 

“The DRCF AI and Digital Hub pilot is creating a market for new interaction between regulators and innovators,” said Kate Jones, chief executive of the DRCF. “We would welcome more enquiries to the Hub. We are prioritising engagement with innovator groups to raise awareness and highlight the benefits of the service. We encourage all innovators to make the most of this one-year pilot and send us your queries.” 

As of 30 September 2024, the Hub had received 16 queries. Of that number, the Hub has so far been able to assist six organisations, with three applications rejected for failure to meet the eligibility criteria and the seven remaining applications currently under review. 

Issues that applicants have sought some informal advice on include AI digital marketing tools; facial age estimation; age verification, use of AI and data analytics in a health setting; the EU AI Act; and AI tools and FCA certification. 

The UK authorities participating in the initiative hope to “learn about the impacts of the current legal and regulatory framework on AI and digital innovation by reference to case studies, so that they can take a more proactive and agile approach to a rapidly evolving market”, the DCRF said, adding that the Hub has plans to publish anonymised case studies in due course. 

Yvonne Dunn of Pinsent Masons, who specialises in the interaction between technology, law and regulation, said: “This is a valuable initiative which gives businesses a chance to obtain regulator feedback at an early stage in their development. Hopefully more innovators will take advantage of the opportunity to do this.” 

“It’s also interesting to see businesses looking to get advice on the EU AI Act, confirming that UK businesses will be focused on compliance with that Act as they look to export products and services globally,” she added.

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