Our thinking

AI Watch: Global regulatory tracker

What's inside

Keeping track of AI regulatory developments around the world.

The global dash to regulate AI

Artificial intelligence (AI) has made enormous strides in recent years and has increasingly moved into the public consciousness.

Increases in computational power, coupled with advances in machine learning, have fueled the rapid rise of AI. This has brought enormous opportunities, as new AI applications have given rise to new ways of doing business. It has also brought potential risks, from unintended impacts on individuals (e.g., AI errors harming an individual's credit score or public reputation) to the risk of misuse of AI by malicious third parties (e.g., by manipulating AI systems to produce inaccurate or misleading output, or by using AI to create deepfakes).

Governments and regulatory bodies around the world have had to act quickly to try to ensure that their regulatory frameworks do not become obsolete. In addition, international organizations such as the G7, the UN, the Council of Europe and the OECD have responded to this technological shift by issuing their own AI frameworks. But they are all scrambling to stay abreast of technological developments, and already there are signs that emerging efforts to regulate AI will struggle to keep pace. In an effort to introduce some degree of international consensus, the UK government organized the first global AI Safety Summit in November 2023, with the aim of encouraging the safe and responsible development of AI around the world. 

Most jurisdictions have sought to strike a balance between encouraging AI innovation and investment, while at the same time attempting to create rules to protect against possible harms. However, jurisdictions around the world have taken substantially different approaches to achieving these goals, which has in turn increased the risk that businesses face from a fragmented and inconsistent AI regulatory environment. Nevertheless, certain trends are becoming clearer at this stage:

  1. "AI" means different things in different jurisdictions: One of the foundational challenges that any international business faces when designing an AI regulatory compliance strategy is figuring out what constitutes "AI." Unfortunately, the definition of AI varies from one jurisdiction to the next. For example, the EU AI Act adopts a definition of "AI systems" that is based on (but is not identical to) the OECD's definition, and which leaves room for substantial doubt due to its uncertain wording. Canada has proposed a similar, though more concise, definition. Various US states have proposed their own definitions, which differ from one another. And many jurisdictions (e.g., the UK, Israel, China, and Japan) do not currently provide a comprehensive definition of AI. Because several of the proposed AI regulations have extraterritorial effect (meaning more than one AI regulation may apply simultaneously), international businesses may be forced to adopt a "highest common denominator" approach to identifying AI based on the strictest applicable standard.
  2. Emerging AI regulations come in different forms: The various emerging AI regulations have no consistent legal form – some are statutes, some are executive orders, some are expansions of existing regulatory frameworks, and so on. The EU AI Act is a "Regulation" (which means that most of it will apply directly in all EU Member States, without the need for national implementation in most cases). The UK has taken a different approach, declining to legislate at this early stage in the development of AI, and instead choosing to task existing UK regulators with the responsibility of interpreting and applying five AI principles in their respective spheres. In the US, there is a mix of White House Executive Orders, federal and state initiatives, and actions by existing regulatory agencies, such as the Federal Trade Commission. As a result, the types of compliance obligations that international businesses face are likely to be materially different from one jurisdiction to the next. Many other jurisdictions have yet to decide whether they will issue sector-specific or generally applicable rules and have yet to decide between creating new regulators or expanding the roles of existing regulators, making it challenging for businesses to anticipate what form their AI regulatory relationships will take in the long term.
  3. Emerging AI regulations have different conceptual approaches: The next difficulty is the lack of a consistent conceptual approach among emerging AI regulations around the world – some are legally binding while others are not, some are sector-specific while others apply across all sectors, some will be enforced by regulators while others are merely guidelines or recommendations, and so on. As noted above, the UK approach is to use existing regulators to implement five AI principles, but with no new explicit legal obligations. This has the advantage of meaning that businesses will deal with AI regulators with whom they are already familiar but has the disadvantage that different UK regulators may interpret these principles differently in their respective spheres. The EU AI Act is cross-sectoral and creates new regulatory and enforcement powers for existing bodies, including the European Commission, and also creates entirely new bodies such as the AI Board and the AI Office, while leaving EU Member States to appoint their own AI regulators tasked with enforcing the EU AI Act. In the US, the Federal Trade Commission, Equal Employment Opportunity Commission, Consumer Financial Protection Bureau, and Department of Justice issued a joint statement clarifying that their existing authority covers AI, while various state regulators are also likely to have competence to regulate AI. International organizations including the OECD, the UN, and the G7 have issued AI principles, but these impose no legal obligations on businesses. In principle, these initiatives encourage consistency across members of each organization, but in practice this does not seem to have worked.
  4. Flexibility is a double-edged sword: In an effort to create AI regulations that can adapt to technological advances that have not yet been anticipated, many jurisdictions have sought to include substantial flexibility in those regulations, either by using deliberately high-level wording and policies, or by allowing for future interpretation and application by courts and regulators. This has the obvious advantage of prolonging the lifespan of such regulations by allowing them to be adapted to future technologies. However, it also creates the disadvantage of uncertainty because it leaves businesses uncertain of how their compliance obligations will be interpreted in the future. This is likely to mean that it is harder for businesses to know whether their planned implementations of AI will be lawful in the medium-to-long term and may make it harder to attract long-term AI investment in those jurisdictions.
  5. The overlap between AI regulation and other areas of law is complex: A substantial number of laws that are not directly focused on AI nevertheless apply to AI by association within their respective spheres, meaning that any use of AI will often trigger compliance issues and legal challenges even where there is not (yet) any enforceable AI-specific law. These areas of overlap include: IP (e.g., IP infringement issues with respect to AI model training data, and questions about copyright and patentability of AI-assisted inventions); antitrust; data protection (which adds restrictions to processing of personal data, and in some cases imposes special compliance obligations for processing carried out by automated means, including by AI); M&A (where AI innovation is driving dealmaking in many markets); financial regulation (where financial regulatory requirements may limit the ways in which AI can lawfully be deployed); litigation; digital infrastructure; securities; global trade; foreign direct investment; mining & metals; and so on. This overlap will mean that many businesses need to understand not just AI regulations in general, but also any rules that affect the use of AI in the context of the relevant sector or business activity.

Businesses in almost all sectors need to keep a close eye on these developments to ensure that they are aware of the AI regulations and forthcoming trends, in order to identify new opportunities and new potential business risks. But even at this early stage, the inconsistent approaches each jurisdiction has taken to the core questions of how to regulate AI is clear. As a result, it appears that international businesses may face substantially different AI regulatory compliance challenges in different parts of the world. To that end, this AI Tracker is designed to provide businesses with an understanding of the state of play of AI regulations in the core markets in which they operate. It provides analysis of the approach that each jurisdiction has taken to AI regulation and provides helpful commentary on the likely direction of travel.

Because global AI regulations remain in a constant state of flux, this AI Tracker will develop over time, adding updates and new jurisdictions when appropriate. Stay tuned, as we continue to provide insights to help businesses navigate these ever-evolving issues.

Articles

Australia

Voluntary AI Ethics Principles guide responsible AI development in Australia, with potential reforms under consideration.

Australia

Brazil

The enactment of Brazil's proposed AI Regulation remains uncertain with compliance requirements pending review.

Sao Paulo

Canada

AIDA expected to regulate AI at the federal level in Canada but provincial legislatures have yet to be introduced.

Canada

China

The Interim AI Measures is China's first specific, administrative regulation on the management of generative AI services.

China

Council of Europe

The Council of Europe is developing a new Convention on AI to safeguard human rights, democracy, and the rule of law in the digital space covering governance, accountability and risk assessment.

European Union

Czech Republic

The successful implementation of the EU AI Act into national law is the primary focus for the Czech Republic, with its National AI Strategy being the main policy document.

Czech Republic

European Union

The EU introduces the pioneering EU AI Act, aiming to become a global hub for human-centric, trustworthy AI.

 

European Union

France

France actively participates in international efforts and proposes sector-specific laws.

Paris

G7

The G7's AI regulations mandate Member States' compliance with international human rights law and relevant international frameworks.

G7 flags

Germany

Germany evaluates AI-specific legislation needs and actively engages in international initiatives.

Germany

India

National frameworks inform India’s approach to AI regulation, with sector-specific initiatives in finance and health sectors.

India

Israel

Israel promotes responsible AI innovation through policy and sector-specific guidelines to address core issues and ethical principles.

Israel

Italy

Italy engages in political discussions for future laws.

Milan

Japan

Japan adopts a soft law approach to AI governance but lawmakers advance proposal for a hard law approach for certain harms.

Tokyo

Kenya

Kenya's National AI Strategy and Code of Practice expected to set foundation of AI regulation once finalized.

Kenya
Kenya

Nigeria

Nigeria's draft National AI Policy underway and will pave the way for a comprehensive national AI strategy.

Nigeria
Nigeria

Norway

Position paper informs Norwegian approach to AI, with sector-specific legislative amendments to regulate developments in AI.

Norway

OECD

The OECD's AI recommendations encourage Member States to uphold principles of trustworthy AI.

country flags

Saudi Arabia

Saudi Arabia is yet to enact AI Regulations, relying on guidelines to establish practice standards and general principles.

Riyadh_Hero_1600x600 Saudi Arabia

Singapore

Singapore's AI frameworks guide AI ethical and governance principles, with existing sector-specific regulations addressing AI risks.

Singapore

South Africa

South Africa is yet to announce any AI regulation proposals but is in the process of obtaining inputs for a draft National AI plan.

Johannesburg

South Korea

South Korea's AI Act to act as a consolidated body of law governing AI once approved by the National Assembly.

Korea

Spain

Spain creates Europe's first AI supervisory agency and actively participates in EU AI Act negotiations.

Madrid

Switzerland

Switzerland's National AI Strategy sets out guidelines for the use of AI, and aims to finalize an AI regulatory proposal in 2025.

Switzerland

Taiwan

Draft laws and guidelines are under consideration in Taiwan, with sector-specific initiatives already in place.

Taiwan city

Turkey

Turkey has published multiple guidelines on the use of AI in various sectors, with a bill for AI regulation now in the legislative process.

Türkiye

United Arab Emirates

Mainland UAE has published an array of decrees and guidelines regarding regulation of AI, while the ADGM and DIFC free zones each rely on amendments to existing data protection laws to regulate AI.

UAE

United Kingdom

The UK prioritizes a flexible framework over comprehensive regulation and emphasizes sector-specific laws.

London hero image

United Nations

The UN's new draft resolution on AI encourages Member States to implement national regulatory and governance approaches for a global consensus on safe, secure and trustworthy AI systems.

United Nations

United States

The US relies on existing federal laws and guidelines to regulate AI but aims to introduce AI legislation and a federal regulation authority.

New York city photo

Contacts

Tim Hickman
Partner
London
Erin Hanson
Partner
New York
Dr. Sylvia Lorenz
Partner
Berlin
Czech Republic

AI Watch: Global regulatory tracker - Czech Republic

The successful implementation of the EU AI Act into national law is the primary focus for the Czech Republic, with its National AI Strategy being the main policy document.

Insight
|
6 min read

Laws/Regulations directly regulating AI (the “AI Regulations”)

Currently, there are no specific laws, statutory rules, or regulations in the Czech Republic that directly regulate artificial intelligence (AI). The Czech Republic is not expected to enact its own complex regulation of AI, as the EU AI Act will fulfill this function for all EU Member States. However, the Czech Republic is active on the AI policy level and shall adopt national AI Regulations where the EU AI Act provides for its adaptation (similar to other EU Member States).

The Czech Republic released a National Artificial Intelligence Strategy (NAIS) in May 2019, with the aim to support the development and use of AI.1 The strategy was developed in cooperation between the Ministry of Industry and Trade, various research institutions, the private sector, and industry professionals from the general public based on the Innovation Strategy of the Czech Republic 2019-20302 and Resolution No. 629 of October 3, 2018 of the Czech government on the Digital Czech Republic (i.e., the strategy for digitization in the Czech Republic, which rests on three pillars – EU collaboration of the Czech Republic in the realm of the digital agenda; digitization of the public administration; and preparing society and the economy for digitization through collaborative efforts).3

The NAIS is divided into seven chapters and focuses, among others, on the promotion of science, research and development, support for investment, financing, and development of AI systems in industry and services, legal and social aspects as well as human capital and the education system. To reflect rapid technological developments and trends and the increasing use of AI tools, the Ministry of Industry and Trade is currently preparing an update of the NAIS, which will determine priorities and goals in this area until 2030.

In 2022, the government issued the Strategic Plan for the Digitalization of Czechia by 2030; one of its objectives is for 75% of businesses to use at least one of these technologies by the end of the decade: cloud computing, big data, or AI.4
 

Status of the AI Regulations

The EU AI Act is addressed separately here.

As noted above, there are currently no specific laws or regulations in the Czech Republic that directly regulate AI. The Czech Republic's main focus is now on the successful implementation of the EU AI Act into the national law, which has the following four priorities: 

  1. Appropriate changes to the Czech legal framework
  2. Active involvement in the negotiation of secondary legal acts on the EU level
  3. Setting up the enforcement mechanism, including ensuring the necessary professional capacities
  4. Active awareness and communication

From the perspective of the Czech Republic, this means undertaking the following steps at the national level (in the form of AI Regulations where appropriate):

  • Establishing an exemption from the prohibitions in Article 5 of the EU AI Act, to allow the use of remote biometric identification in real time for law enforcement purposes
  • Creating a regulatory sandbox for AI
  • Setting up a system of sanctions and administrative fines
  • Testing in real conditions and supervision of such testing 
  • Putting measures in place for providers and deployers, especially in support of SMEs and start-ups
  • Supporting the creation of voluntary codes of conduct
  • Designation of notifying authorities and market surveillance authorities
  • Nomination of representatives for the Czech Republic to the AI Board
  • Establishment of market surveillance and control of AI systems
  • Identification of the authorities supervising the protection of fundamental rights5

Other laws affecting AI

There are various laws that do not directly seek to regulate AI but may affect the development or use of AI in the Czech Republic. A non-exhaustive list of key examples includes:

  • The Civil Code
  • The Data Processing Act, implementing the GDPR
  • The Consumer Protection Act
  • The Copyright Act, in particular Sections 39c and 39d concerning required licenses for text and data mining, as well as other intellectual property laws
  • The Anti-discrimination Act
  • Antitrust and competition regulations, especially the Competition Protection Act
  • Security and cybersecurity legislation, including the Cybersecurity Act

Definition of “AI” 

As there are currently no specific laws or policies in the Czech Republic that directly regulate AI, no definition of AI is currently recognized by Czech national legislation.
The definition of an AI system contained in Art. 3(1) of the EU AI Act will likely be the key definition used in the Czech Republic.

Territorial scope

There are currently no specific laws or regulations in the Czech Republic that directly regulate AI; therefore, there is no specific territorial scope set at this stage.

Sectoral scope 

As noted above, there are currently no specific laws or regulations in the Czech Republic that directly regulate AI. Accordingly, there is no specific sectoral scope at this stage.

Compliance roles

As there are no specific laws or regulations in the Czech Republic that directly regulate AI as of yet, there are also no specific or unique obligations imposed on developers, users, operators and/or deployers of AI systems. The standards are set by the EU AI Act.

Core issues that the AI Regulations seek to address

As noted above, there are currently no specific laws or regulations in the Czech Republic that directly regulate AI. Nevertheless, the above-mentioned NAIS seeks to address, within the AI regulation, issues related to discrimination and data protection and calls for the creation of an administrative and legislative framework for AI that prevents any form of misuse of AI, discrimination, or disadvantage, with a fundamental emphasis on protecting rights and privacy.

Risk categorization

As noted above, there are currently no specific laws or regulations in the Czech Republic that directly regulate AI and the aforementioned NAIS does not set out any AI-related risk categorization.

Key compliance requirements

As there are currently no specific laws or regulations in the Czech Republic that directly regulate AI, there are no specific AI-related national compliance requirements.

Regulators

The Ministry of Industry and Trade coordinates the overall AI strategy, while the competent ministries and other state authorities in each respective area are expected to participate in internal regulatory processes. These include, inter alia, the Ministry of Transport and the Ministry of the Interior of the Czech Republic.

In addition, there are ongoing discussions as to which Czech authority will be designated as the national supervisory authority required under the EU AI Act. Potential candidates include the Ministry of Industry and Trade, the Czech Governmental Office, the Office for Personal Data Protection, or the Czech Telecommunication Office.

Important factors that are being considered with respect to the designation are:

  • The advantages of a more or less centralized supervision solution
  • Existing expert capacity
  • Linkage to other regulations in the areas of the digital agenda and cybersecurity
  • The total number of entities that will be subject to supervision6

Enforcement powers and penalties

As noted above, there are currently no specific laws or regulations in the Czech Republic that directly regulate AI. As such, enforcement and penalties relating to the creation, dissemination and/or use of AI are governed by: (i) the EU AI Act; and (ii) pertinent provisions in non-AI specific regulation.

1 The 2019 NAIS is available here.
2
The Innovation Strategy of the Czech Republic 2019 – 2030 is available here.
3
The Digital Czech Republic is available here.
4
The Strategic Plan for the Digitalization of Czechia by 2030 is available here.
5 A public presentation by the Czech Governmental Office at the Lawfit Conference, held on May 27, 2024, in Prague.
6 A public presentation by the Czech Governmental Office at the Lawfit Conference, held on May 27, 2024, in Prague.

White & Case means the international legal practice comprising White & Case LLP, a New York State registered limited liability partnership, White & Case LLP, a limited liability partnership incorporated under English law and all other affiliated partnerships, companies and entities.

This article is prepared for the general information of interested persons. It is not, and does not attempt to be, comprehensive in nature. Due to the general nature of its content, it should not be regarded as legal advice.

© 2024 White & Case LLP

Top