EU: New consultation opens on AI Code of Practice

What should I do?

Under the EU AI Act (AI Act), in force from 1 August 2024, the European AI Office (AI Office) must facilitate the drawing-up of codes of practice to help make sure providers of AI tools and systems comply with the AI Act.

In line with this, on 30 July 2024, the AI Office opened a call for expression of interest. 

The AI Office invites various stakeholders, including eligible general-purpose AI model providers; downstream providers; and other stakeholders (such as academia and experts) to express their interest to take part in the entire process of drawing-up the first general-purpose AI Code of Practice (Code), including the Code’s Plenary meeting process. Express your interest by 25 August 2024 via this form.

The Code will set out detailed rules for general-purpose AI model providers. Providers can use this guide to show they are following the rules in the AI Act.

In parallel with this, the AI office launched a multi-stakeholder consultation on trustworthy general-purpose AI models under the AI Act, giving stakeholders a chance to have their say on topics covered by the Code. Submit this form by 10 September 2024. Early submissions are encouraged.

What happens next?

By submitting the expression of interest form, interested and eligible general-purpose AI model providers and stakeholders can express their interest to join the Plenary. The Plenary will meet three times in the next year to draft the Code. They will discuss in four Working Groups. The AI Office will check if stakeholders are eligible to join based on their stated interest and will then confirm whether they can participate.

Confirmed Plenary members can join any of these Working Groups:

1. Transparency and copyright
2. Risk identification and assessment
3. Risk mitigation
4. Internal risk management and governance­­

The consultation asks several questions and allows you to submit additional materials. Answers are sought to questions such as:

• What are the key components that AI model providers need to include in their policy to meet EU copyright laws, as required by the AI Act?
• Besides a basic AI model description, what should be in the technical documentation for the AI office and national authorities?

Submissions will form the basis of the first draft of the Code, and so the first draft will be informed by a wide range of perspectives and expertise.

What else do I need to know?

During the Plenary, general-purpose AI providers can join workshops designed to contribute to the Code’s drafts. These workshops, led by Chairs and Vice-Chairs, will promote transparency. Independent experts can apply for these roles. Chairs will compile inputs from consultations and Plenary members to draft the Code.

The drafting process for the Code will take place between September this year and April 2025. The Code is expected to be completed by May 2025. Once the Code is published, the AI Office and AI Board (formed of Member State experts) will review it and share their findings.

The European Commission (EC) can choose to accept or reject the Code based on the AI Office’s and AI Board’s recommendations. If it accepts the Code, it will make it valid across the EU via an implementing act. If the Code is not satisfactory, the EC will instead set standard rules for carrying out the necessary duties.

Authored by Kirath Bharya (Knowledge).

For more information, contact:

Nils Müller and Olaf van Haperen

Further reading:

• How AI Treaty Will Further Global Governance Cooperation | Artificial Intelligence | Eversheds Sutherland (eversheds-sutherland.com)
• Global AI Regulatory Update - June 2024 | Eversheds Sutherland (eversheds-sutherland.com)
• Eversheds Sutherland’s legal guide to navigating artificial intelligence | Eversheds Sutherland (eversheds-sutherland.com)