AI bans and competence obligation: the EU AI Act-a new era in dealing with artificial intelligence
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Published on: February 2, 2025 / update from: February 2, 2025 - Author: Konrad Wolfenstein
Consumer protection and fundamental rights: What changes the EU AI Act
Of the EU AI Act: New rules for artificial intelligence from February 2025
The AI Act of the European Union comes into force from February 2, 2025 and brings extensive innovations for the use of artificial intelligence (AI) in Europe. Companies, authorities and developers who use or offer AI systems in the EU must adhere to strict guidelines. The aim of the AI Act is to ensure the security and transparency of AI systems, to protect basic fundamental rights and to strengthen consumer protection.
Among other things, the new rules include clear bans for certain high-risk ACI applications, an obligation to train employee training and high penalties.
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Forbidden AI practices (from February 2, 2025)
Some applications of artificial intelligence are considered unacceptably risky and are therefore generally banned from February 2025. These include:
1. Social scoring
Evaluation of people based on their social behavior or personal characteristics, such as:
- Analysis of social media data to classify creditworthiness,
- Assessment of citizens based on their political opinion or religious beliefs,
- Automated credit ratings based on Freundeskreis or place of residence.
2. Emotion detection in sensitive areas
AI systems that analyze emotions or psychological conditions in certain environments are prohibited:
- At work (e.g. systems that measure stress or frustration based on facial expressions),
- In educational institutions (e.g. KI that monitors the concentration of students).
3. Biometric real-time monitoring in public spaces
The use of facial recognition and other biometric systems in real time is prohibited, for example:
- Cameras in train stations or in places for mass surveillance,
- Automatic face recognition to identify people without their consent.
Exception: The use is permitted when it comes to combating serious crimes (e.g. terrorism) and there is a judicial approval.
4. Manipulative AI
Systems that specifically take advantage of psychological weaknesses of people to influence them are prohibited. This includes:
- Language -controlled toys that lead children to risky behavior,
- AI-supported advertising, manipulating people for unwanted purchases.
5. Predictive policing (forward -looking police work)
AI systems that classify people as potential criminals based on personality traits or social factors are prohibited.
It remains allowed: the use of AI if it is based on objective facts and criminal records.
6. Biometric categorization
The automatic classification of people according to criteria such as:
- Ethnic origin,
- sexual orientation,
- political opinion.
Mandatory for AI competence training for employees
In addition to the prohibitions for high-risk AI, the AI Act also provides for a training obligation for employees who work with AI systems. Companies and authorities must ensure that their employees have sufficient expertise.
Content of the training:
- Technical understanding of the AI tools used,
- Awareness of risks such as discrimination or data protection problems,
- Critical reflection of AI decisions.
Affected groups:
- Developer of AI systems (e.g. start-ups in the generative AI area),
- HR departments that AI use in recruiting processes,
- Security authorities with AI-based surveillance systems,
- Universities and public administrations with AI supported data analysis.
Companies are obliged to document and update training measures regularly.
Consequences for violations of the AI Act
If the new regulations are not complied with, there are sensitive punishments:
- Finishes of up to 35 million euros or 7 % of the global annual turnover,
- Liability risks if damage caused by incorrect AI applications,
- Operation bans if a company repeatedly violates AI guidelines.
The monitoring of compliance takes over national supervisory authorities that will start work from August 2025. The Federal Network Agency is expected to be responsible in Germany.
Loopholes and exceptions
Although the AI Act prohibits many risky applications, there are exceptions:
1. Criminal prosecution
- The use of biometric monitoring remains allowed in the event of serious crimes (e.g. fighting terrorism).
- The police may use AI for face recognition if there is a judicial approval.
2. Border controls
- AI can be used to analyze the emotion state of refugees.
- Certain AI supported risk assessments are allowed.
3. Research & development
- Certain high-risk ACI systems may be developed for scientific purposes as long as they are not used in practice.
Need for action for companies
The EU AI Act sets new standards worldwide for the ethical use of artificial intelligence. Companies have to prepare for the new rules at an early stage, in particular through:
- Examination of your AI systems for conformity,
- Implementation of internal training programs,
- Documentation of AI decisions and risk reviews.
Those who disregard the strict regulations not only risk high punishments, but also a massive loss of trust among customers and partners. It is therefore advisable to start adapting processes and guidelines to meet the requirements of the AI Act.
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The EU AI Act: A paradigm shift in dealing with artificial intelligence - background analysis
Artificial intelligence under the magnifying glass: The effects of the AI Act on Europe
Today, the so -called AI Act of the European Union comes into force, a pioneering law that fundamentally regulates dealing with artificial intelligence (AI). This law marks a crucial turning point, since it for the first time set concrete bans for certain AI applications and at the same time places high demands on the competence of those who work with these technologies. The AI Act aims to use the immense opportunities of the AI without endangering the fundamental rights of the citizens or tolerating unacceptable risks.
The area of application of the AI Act is widely caught and affects companies, authorities and developers alike that use or offer AI systems within the EU. This means that almost all areas of our society, from the economy to public administration to the education sector, will be affected by the new regulations. The scope of this law is immense and will bring in profound changes in the way we develop, use and regulate AI.
Forbidden AI practices: a protective sign for civil rights
The core of the AI Act are the clearly defined bans for certain AI applications that are classified as particularly risky or harmful. These prohibitions are not intended as an innovation brake, but as a necessary protective mechanism that should preserve the fundamental rights and dignity of man in the digital world.
The ban on social scoring
One of the most prominent bans concerns the so -called "social scoring". This is the assessment of people based on social characteristics such as political views, religious belonging or buying behavior. "Man should not be degraded into a mere data set," warned one of the EU commissioners in the course of the negotiations. Systems that make the social assessment of individuals in this way and classify them in a kind of ranking are not classified as compatible with the European values. Experience with similar systems in other parts of the world that have led to social exclusion and discrimination have contributed to this strict attitude.
The ban on emotion detection at the workplace and in educational institutions
The AI Act prohibits the use of emotion identification technologies in the workplace and in educational institutions. "The world of work and the field of education must not become surveillance arenas," emphasized a member of the European Parliament. The recording of stress, frustration or fatigue by AI systems is considered an interference with the privacy and personal autonomy of those affected. The fear is that such technologies could lead to an atmosphere of distrust and fear and could also contribute to an unfair performance assessment.
The ban on biometric real-time monitoring in public spaces
The use of biometric real-time monitoring in public spaces, such as through cameras at train stations or in public places, is also prohibited. This monitoring, which is often accompanied by facial recognition, is regarded as a massive intervention in privacy. The constant view of the surveillance state, as critics it is called, is not compatible with the basic idea of a free and open society. However, there is an important exception for law enforcement in serious crimes, such as terrorism. Here the use of such technologies can be justified under strict requirements and in a limited frame.
The ban on manipulative AI
Another crucial regulation concerns the use of manipulative AI systems. These systems, which specifically take advantage of the weaknesses of those in need of protection, are prohibited by the AI Act. This includes, for example, voice-controlled toys that tempt children to risk behavior, or AI-supported fraud calls that bring older people into financial difficulties. The legislator wants to ensure that AI systems are not abused to impair or damage people in their freedom of choice.
The ban on predictive police work ("Predictive Policing")
Finally, the AI Act prohibits the use of "predictive policing", in which people are classified as potential criminals due to personality traits. This practice is considered discriminatory and unfair, as it can be based on prejudice and stereotypes. However, it is important to emphasize that the use of "objective facts", such as criminal records, is still allowed.
AI competence obligation: the basis for a responsible AI use
In addition to the prohibitions, the AI Act also contains a decisive component to strengthen AI competence. Companies and authorities must ensure that employees who work with AI systems have sufficient specialist knowledge. This obligation to compete is intended to ensure that AI systems are not only used efficiently, but also ethically and responsibly.
The required competencies include a technical understanding of the AI tools used, awareness of risks such as discrimination or data protection violations as well as the ability to critically question AI decisions. Companies have to offer training for employees who work with AI-based chatbots, recruiting tools or analysis systems. These training courses must be documented and take into account the specific application context. Employees must be able to understand the functioning of the AI systems, to recognize their limits and to identify possible errors or distortions. You must take into account the ethical implications of your work and understand the effects of your decisions on those affected.
The obligation to compete not only affects the direct users of AI systems, but also the developers of AI technologies. These must ensure that your systems are not only technically flawless, but also meet the ethical and legal requirements. You must take into account the principles of the "Ai by Design" and try to minimize risks and potential damage from the start.
Consequences for violations: an incentive for compliance
The consequences of violations of the AI Act are considerable. Companies and authorities can be occupied by fines of up to 35 million euros or 7 % of the global annual turnover. In addition, liability risks can arise if damage caused by a lack of employee competence. The fear of high punishments and reputation damage should persuade companies and authorities to strictly comply with the regulations of the AI Act.
It is important to emphasize that the AI Act is not only a criminal law, but also an instrument for promoting the responsible AI. With this law, the EU wants to make a sign that AI technologies should be used in the service of people and not to their disadvantage.
Challenges and open questions
Although the AI Act is an important step forward, there are still some challenges and open questions. The exact training standards and the responsible supervisory authorities must be further specified. It is to be expected that it will take some time before the new regulations are fully implemented and their full effect.
Monitoring compliance with the regulations will be a major challenge. It must be ensured that companies and authorities are not only compliant on paper, but also in practice. The supervisory authorities must be equipped with the necessary resources and powers in order to be able to perform their task effectively.
Another important aspect is international cooperation. The EU is not the only player who deals with the regulation of AI. It is important that global consensus leads to the ethical and legal framework for AI. A fragmented regulation could lead to competitive disadvantages and an unequal distribution of the advantages and risks of AI.
The AI Act: Europe's vision for a human-centered AI future
The AI Act is more than just a law. It is an expression of European values and a vision for a responsible and human -centered AI. He is a call to society to actively deal with the opportunities and risks of the AI and to shape a future in which technology is used for the benefit of everyone.
The AI Act will certainly make a profound change in the way we deal with AI. It will influence the development of new technologies and change the way we integrate them into our everyday life. He will force companies and authorities to rethink their practices and take a more responsible attitude towards AI.
The AI Act is an important step on the way to a digital future that serves people and not vice versa. It is proof that the European Union is willing to take on a leadership role in the design of the AI revolution and to focus on the fundamental rights and dignity of man. It is a law that will not only be important for Europe, but for the whole world. He is an attempt to keep the balance between innovation and the protection of the individual.
Ethics and KI: The AI Act as a guide for a responsible future
The role of ethics in AI development
The AI Act is not only a legal, but also an ethical project. The integration of ethical principles into AI development is crucial to ensure that AI systems are fair, transparent and responsible. There must be a discussion about the ethical questions associated with AI, in society and in the company.
The meaning of transparency
Transparency is a key principle of the AI Act. The functionality of AI systems must be understandable so that those affected can understand how decisions are made. This is particularly important for AI systems that are used for sensitive areas such as health care or the judiciary.
The impact on the labor market
The use of AI will affect the labor market. There will be new jobs, but there will also be jobs. It is important that society is preparing for these changes and takes the necessary measures to support employees.
The role of education
Education plays a crucial role in promoting AI competence. It is necessary that the education systems adapt to the challenges of the AI revolution and convey the necessary skills. This affects not only the technical skills, but also ethical and social skills.
The protection of privacy
Protecting privacy is an important concern of the AI Act. The collection and processing of data by AI systems must be responsible. Those affected must keep control of their data and have the right to apply for the deletion of their data.
The promotion of innovation
The AI Act should not be misunderstood as an innovation brake. Rather, it should offer a framework for the development of responsible and ethically justifiable AI technologies. It is important that companies and researchers continue to have the opportunity to advance innovations in the AI area.
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