Artificial Intelligence and Fundamental Rights: The AI Act of the European Union and its implications for global technology regulation

Due to a technical error, the ISBN had to be replaced. The new ISBN is 9783565013197.

As AI technologies rapidly reshape societies, they pose both tremendous opportunities and serious risks—especially to fundamental rights. In response, the European Union has enacted the groundbreaking AI Act: a legal framework designed to foster innovation while safeguarding democratic values, human autonomy, and the rule of law. But has this delicate balance been struck successfully?

 This volume, emerging from the 2024 annual conference of the Digital Law Institute Trier, critically examines the EU’s rights-driven approach to AI regulation. From the perspectives of leading scholars and practitioners—including those directly involved in drafting and implementing the Act—it offers deep insights into the legal, ethical, and technical foundations of the AI Act and its global significance. With contributions on prohibited AI practices, the risk-based regulatory model, and key obligations like data governance and human oversight, the book explores how AI can be regulated to protect fundamental rights without stifling innovation. The book concludes with a comparative view on AI regulation from the United States and Asia.

Overview:

Artificial Intelligence and Fundamental Rights | Antje von Ungern-Sternberg | P. 1

The AI Act – brief introduction | Irina Orssich | P. 7

From Definition to Regulation: Is the European Union Getting AI Right? | Joanna J. Bryson | P. 11

Prohibited AI Practices under the EU AI Act | Patricia García Majado | P. 35

Risk Narrative: Deconstructing the AIA’s Risk-Based Approach as a Regulatory Heuristic | Tobias Mahler | P. 57

Data Governance under the AI Act | Lea Ossmann-Magiera, Lisa Markschies | P. 75

Human Oversight under the AI Act and its interplay with Art. 22 GDPR | Tristan Radtke | P. 91

The Regulatory Approach of the European Union’s Artificial Intelligence Act | David Restrepo Amariles, Aurore Troussel | P. 111

The US Perspective | Margaret Hu | P. 129

AI Governance and Asia Aspect | I-Ping Wang | P. 135