Artificial Intelligence White Paper
The UK has adopted a context-based and pro-innovation approach set out in a March 2023 white paper. However, in July 2024, the UK government stated its intention to ‘establish the appropriate legislation to place requirements on those working to develop the most powerful artificial intelligence models’. Any such obligations likely will directly affect only the handful of organisations creating such models, and the precise content and scope of such legislation remains to be seen.
Affected businesses
The regulatory approach set out in the white paper applies to businesses across all sectors which do either of the following:
- Develop AI systems.
- Deploy or use AI systems.
Key impacts
The UK’s approach is underpinned by five core principles established in the white paper – namely:
- Safety, security and robustness.
- Appropriate transparency and explainability.
- Fairness.
- Accountability and governance.
- Contestability and redress.
These principles will be interpreted by existing regulators and applied with those regulators’ existing remits – e.g., the UK Competition and Markets Authority (CMA) will be responsible for taking steps to ensure that AI markets work effectively from a competition and consumer protection perspective; the UK Information Commissioner’s Office will focus on addressing the data protection implications of the development, deployment and use of AI systems, etc.
Overall, the aim is to retain an agile regulatory approach in the UK that does not dampen innovation and can adapt to evolving AI risks.
In addition, regulators have been advised to use appropriate international standards to inform their guidance, with a view to creating a regulatory framework interoperable with other jurisdictions’ frameworks.
Enforcement
There is no AI-specific enforcement regime in the UK.
However, under the UK’s context-based approach, existing regulators and regulatory frameworks remain relevant. Furthermore, it is likely that existing regulators will focus heavily on the implications of the use of AI systems and any harm arising through use of AI systems in areas where they have authority.
Key timings
None for now.
As noted above, the UK government plans to introduce specific legislation to apply to organisations developing the most powerful AI models. However, no time frame has been specified for this.
This content is provided for general informational purposes only, and your access or use of the content does not create an attorney-client relationship between you or your organization and Cooley LLP, Cooley (UK) LLP, or any other affiliated practice or entity (collectively referred to as “Cooley”). By accessing this content, you agree that the information provided does not constitute legal or other professional advice. This content is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction and you should not act or refrain from acting based on this content. This content may be changed without notice. It is not guaranteed to be complete, correct or up to date, and it may not reflect the most current legal developments. Prior results do not guarantee a similar outcome. Do not send any confidential information to Cooley, as we do not have any duty to keep any information you provide to us confidential. This content may be considered Attorney Advertising and is subject to our legal notices.