Originally expected in the week of 17 February, the third version of the General-Purpose AI Code of Practice for general-purpose Artificial intelligence (AI) models was finally published by the European Commission on Tuesday 11 March.
In its final version before the final draft, due on 2 May, the Code introduces several changes compared with the previous version, particularly in terms of model transparency.
The Code aims to help providers of general-purpose AI models (such as ChatGPT) understand how to meet the legal obligations of the AI Act and avoid the risk of penalties for non-compliance. Penalties under the AI Act for non-compliance with the Code’s requirements could be as high as 3% of suppliers’ annual worldwide turnover.
This latest revision of the Code is presented by the Commission as having “a more rational structure, with refined commitments and measures” compared with previous versions.
On the issue of transparency, the Code includes an example of a documentation form for AI models, allowing developers to access essential information to comply with regulations.
On the copyright section, which is particularly contentious with large AI companies, the version of the Code uses the terms “reasonable measures” and “appropriate measures” several times in relation to the collection of data for training models.
The Code makes no provision for coercion at this stage, and could therefore give AI developers a great deal of leeway when it comes to extracting data online, in defiance of copyright rules. It remains to be seen whether this language will be strengthened in the final version of the code.
The current text also suggests that providers may be able to refuse to respond to copyright complaints if they are “manifestly unfounded or excessive, in particular because of their repetitive character”.
It is uncertain whether the major players in the sector, particularly Meta, will sign the text (see EUROPE 13574/11). Part of the industry says that this Code has the power to become an additional burden and to create more constraints than facilitations (see EUROPE 13591/11).
To see the third version of the draft code: https://aeur.eu/f/fvo (Original version in French by Isalia Stieffatre)