AI Act: Risk Classification of AI Systems from a Practical Perspective

Artificial intelligence is increasingly becoming a part of our everyday lives, whether at home, in industry, or in the public sector. The technology poses risks, but also opens up new opportunities. This presents the institutions in Brussels with the challenge of finding a balance between innovation and regulation for AI in the EU.

The upcoming AI Act focuses on the prevention of harm to health, safety and fundamental human rights. Specifically, it takes a risk-based approach, assigning AI systems to a risk class and requiring high-risk systems to meet stricter requirements than AI systems in a low risk class. Based on the drafts of the EU Commission, the EU Parliament and the EU Council, this study examines the influence of the criteria for risk classification of the AI Regulation on AI innovations in companies and which questions need to be clarified in order to provide more clarity and certainty for planning. In doing so, the study explicitly focuses on the interpretation of the criteria from a practical perspective. At the time of publication of this study (March 2023), the negotiations in Brussels have not yet been concluded, and we hope that our suggestions for a precise classification will be taken up by the negotiators.