THE ADOPTION AND HARMONISATION OF REGULATION (EU) 2024/1689 (AI ACT) AND REGULATION (EU) 2018/1725 (EUDPR): CHALLENGES AND …

Abstract

The adoption of Regulation (EU) 2024/1689 (AI Act) represents a significant advancement in the European Union's regulatory approach to artificial intelligence, aiming to balance technological innovation with the protection of fundamental rights. This paper critically examines the interplay between the AI Act and Regulation (EU) 2018/1725 (EUDPR), highlighting challenges and proposing best practices for their effective harmonization. The research identifies key intersections and potential conflicts between the two regulations, particularly regarding data processing, transparency, and algorithmic accountability. A primary concern is reconciling the AI Act's rigorous requirements for monitoring and transparency of high-risk AI systems with the EUDPR's strict principles on data minimization and retention. These conflicting mandates present substantial operational and legal challenges for EU institutions, private organizations, and end-users. Drawing from lessons learned in implementing GDPR and EUDPR, the study provides practical recommendations to enhance compliance, such as the introduction of unified certification frameworks, dedicated support resources for SMEs, and clear interpretative guidelines from supervisory bodies. Additionally, the paper emphasizes the importance of coordinated enforcement mechanisms and flexible regulatory frameworks capable of adapting to rapid technological advancements. Ultimately, the paper concludes that the EU's distinct regulatory approach, centred on safeguarding fundamental rights and promoting transparent AI technologies, positions Europe as a global pioneer. However, its success depends on effectively managing the harmonization between overlapping regulations. The insights and recommendations presented offer practical pathways for policymakers and stakeholders to navigate the complexities of implementing these regulations, fostering an environment where innovation thrives alongside robust protection of individual rights.