On Friday 12 December, the High Level Group on the implementation of the Digital Markets Act (DMA) adopted a joint document that takes stock of the points of friction and overlap between the various regulations on artificial intelligence and the DMA, in a context of broad simplification of European legislation (see EUROPE 13757/9).
The group has identified a number of points requiring clarification, in particular the inclusion of AI services in the DMA and the application of the Regulation’s obligations to these services. However, it believes that “the DMA, in its current form, could contribute to fostering a more open AI value chain”, by promoting greater competition in the ecosystem.
On the question of interactions, or even overlaps, between regulations, the group points out that certain AI services from gatekeeper platforms may fall under both the DMA legal framework and competition law (see EUROPE 13769/4).
The framework for data portability, which is covered by several consumer law and data protection texts, is another example of the need to coordinate specific obligations on similar practices, just like transparency obligations or rules relating to advertising (see EUROPE 12753/9).
In view of these numerous legislative crossroads, the group believes that “questions arise on how the regulated entities can achieve compliance to the various regulatory frameworks in a coherent way”.
In this respect, “one key issue (...) is how to provide all the information required under the different transparency obligations while keeping the volume of information manageable for both users and reporting entities”, it explains.
The group also recommends adopting coherent and consistent terminology to clarify the interactions between the multiple legislative frameworks applicable to the AI value chain.
See the document: https://aeur.eu/f/k08 (Original version in French by Isalia Stieffatre)