Geopolitical dynamics and AI: The tug-of-war over development and regulation around the globe
Legal Telescope: The AI-ESG nexus – redefining legal and regulatory strategies
December 11, 2024
Geopolitical dynamics and AI: The tug-of-war over development and regulation around the globeLegal Telescope: The AI-ESG nexus – redefining legal and regulatory strategiesDecember 11, 2024 With 2025 on the horizon, the world stage is becoming increasingly complex, with a key emerging issue on the geopolitical order – the accelerated development of AI. Today, the world’s leading nations are battling for influence in the AI sector. Mastering the technology and spearheading its development has become vital for boosting economic growth, strengthening military capabilities, leading global standards, and shaping the digital landscape. Against this backdrop, we see Europe, the US, and China investing heavily in AI research and development and, at the same time, grappling with designing regulatory frameworks that reflect their national priorities and strategies for technology and governance. EUIn the EU, the central theme in regulation is to balance innovation and ethics. In fact, the EU has been a frontrunner in data regulation and AI governance. Prior to the explosive development of AI, the EU General Data Protection Regulation (GDPR) (applicable since 2018) already served as the foundation for individuals’ rights concerning the processing of their personal data, including data used in the development and application of AI. The newly introduced EU AI Act now fills the gap to regulate not just personal data but specifically AI systems. Adopting a risk-based approach, different compliance requirements apply to providers and deployers of AI systems of different risk levels. As one of the first comprehensive AI regulatory frameworks, the EU AI Act sets a precedent for global standards and practices. On the other hand, while AI governance is on the key issues list of the US government, to date, there is yet to be a comprehensive federal AI regulatory framework in the country. That said, existing laws, such as the California Privacy Protection Act, regulate activities in which AI may be used. There are also new sector-specific frameworks intended to govern the technology. Alongside this, the government has been investing significantly in the development of the technology through public and private sectors, with major tech companies steering innovation. There is no doubt that the US will continue to be a leading competitor in the ongoing AI race. Another thing is clear, its tech policy will inevitably be influenced by the 2024 presidential election. ChinaAcross the globe in China, while AI is also a national priority, the regulatory approach underscores a vivid contrast. The Chinese regulations are highly centralized and focus on establishing standards that ensure security, reliability, and alignment with the government’s policies and socialist values. China’s AI laws encompass a range of regulations on algorithm recommendation, deep synthesis, generative AI, and ethical review of technology. These AI regulations also go hand-in-hand with China’s Personal Information Protection Law and cybersecurity laws governing the regulation of data and information systems. As explored above, it has become clear that the global regulatory approaches for AI are inherently fragmented due to the variances in national strategies. These fundamental differences could potentially accelerate disintegration, especially under the current political climate. In addition, we also see countries controlling exports of resources and technology and establishing control over international data transfers. As we move into 2025, AI development is expected to continue to play an important role in shaping the geopolitical landscape. The stakes are high, as the outcome of the global AI race could determine the trajectory of human civilization. Discover how your business can navigate the AI legal landscape and innovate responsibly. Read our latest AI and ESG Telescope edition here: Latest Insights
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