Regulating by standards: current progress and main challenges in the standardisation of Artificial Intelligence in support of the AI Act.

Abstract

The AI Act provides a risk-based framework for AI regulation, delegating the implementation of essential requirements to harmonised standards. This regulatory approach raises several issues concerning the alignment of standards with regulation’s requirements, the legitimacy of the European standardisation system, and the ability of harmonised standards to ensure fundamental rights protection. This paper discusses and analyses the regulatory approach underlying the AI Act, the main issues surrounding the proposed regulation, and the implications for the AI Act's ability to achieve its goals.