Artificial Intelligence law at Belgium
Belgium, as a European Union (EU) member state, is subject to the EU's Artificial Intelligence (AI) Act, which came into force on 1 August 2024. This legislation represents the world's first comprehensive legal framework for AI, aiming to ensure that AI systems developed and used within the EU are transparent, secure, and accountable, with safeguards to protect people's fundamental rights.(Bird & Bird | International Law Firm)
Key Features of the EU AI Act
1. Risk-Based Classification:
The AI Act categorizes AI systems into four risk levels:
Unacceptable Risk: Prohibited entirely (e.g., social scoring by governments, real-time biometric surveillance in public spaces).
High Risk: Subject to strict obligations, including transparency, human oversight, and data governance.
Limited Risk: Subject to lighter obligations.
Minimal Risk: Subject to minimal or no obligations.
Additionally, the Act introduces specific provisions for general-purpose AI models. (Bird & Bird | International Law Firm, Reuters, KPMG Law Belgium, KPMG Law Belgium)
2. Phased Implementation Timeline:
The AI Act's provisions will be implemented in stages:
By 2 February 2025: Prohibitions on AI systems with unacceptable risks come into effect.
By 2 August 2025: Obligations related to general-purpose AI models become applicable.
By 2 August 2026: All rules of the AI Act, including obligations for high-risk AI systems in specific sectors, become applicable.
By 2 August 2027: Obligations for high-risk AI systems that are safety components of products or require conformity assessments come into effect. (bdo.be, KPMG)
3. Enforcement and Penalties:
The European Commission has established an AI Office to oversee the implementation of the AI Act. Penalties for non-compliance can be substantial:
Up to €35 million or 7% of global annual turnover for the most serious violations.
Up to €15 million or 3% of global annual turnover for other violations.
Up to €7.5 million or 1.5% of global annual turnover for providing incorrect or misleading information. (Bird & Bird | International Law Firm, bdo.be, KPMG)
4. Obligations for AI Stakeholders:
The AI Act imposes obligations on various stakeholders in the AI value chain, including providers, deployers, importers, and distributors of AI systems. These obligations encompass:
Implementing risk management systems.
Ensuring data governance and quality.
Maintaining transparency and documentation.
Conducting conformity assessments where necessary. (KPMG, KPMG Law Belgium, KPMG Law Belgium)
Belgium's National Initiatives
While the EU AI Act provides a unified regulatory framework, Belgium is also taking steps to address AI at the national level:
Judicial System Modernization: Belgium's top courts, including the Council of State, have acknowledged the need to modernize the judicial system and adopt new technologies, including AI. Efforts are underway to develop strategies for integrating AI into court operations to improve efficiency and accessibility. (The Brussels Times)
Data Protection Guidance: The Belgian Data Protection Authority has issued opinions on the use of AI in automated decision-making and profiling, emphasizing the importance of safeguards to protect individuals' rights and prevent discrimination. (Home | Baker McKenzie Resource Hub)
Preparing for Compliance
Organizations operating in Belgium should assess their position within the AI value chain and evaluate their compliance with the AI Act. This includes understanding the risk classification of their AI systems and implementing necessary measures to meet the Act's requirements. Legal and regulatory experts can provide guidance on navigating the complexities of the AI Act and ensuring compliance.(Global Practice Guides, Home | Baker McKenzie Resource Hub, KPMG)
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