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Standard Deviation? Private Rule-Making Under the EU AI Act

BY | September 7, 2023

The framework set out by the EU’s proposed Artificial Act (“AIA”) relies heavily on the use of standards developed by private European standard-setting organizations (“ESOs”) for its proposed implementation. The…

The framework set out by the EU’s proposed Artificial Act (“AIA”) relies heavily on the use of standards developed by private European standard-setting organizations (“ESOs”) for its proposed implementation. The status of standards adopted by such ESOs, however, is controversial, not least because they are copyrighted works produced by private entities under a mandate from the Commission. Recent litigation has raised questions as to the status of such standards within the EU legal orde

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