European Commission draft guidelines on AI system definition under EU AI Act

The European Commission (EC) has published draft guidelines on the definition of an AI system to explain the practical application of the legal concept, as anchored in the EU AI Act. The EC aims to assist providers and other relevant persons in determining whether a software system constitutes an AI system to facilitate the effective application of the rules. The AI Act does not apply to all systems, but only to those systems that fulfil the definition of an "AI system" within the meaning of Article 3(1) of the EU AI Act. The definition of an AI system is therefore key to understanding the scope of application of the EU AI Act. These guidelines take into account the outcome of a stakeholder consultation and the consultation of the European Artificial Intelligence Board.

The definition comprises seven main elements, including: (i) a machine-based system; (ii) that is designed to operate with varying levels of autonomy; (iii) that may exhibit adaptiveness after deployment; (iv) and that, for explicit or implicit objectives; (v) infers, from the input it receives, how to generate outputs; (vi) such as predictions, content, recommendations or decisions; (vii) that can influence physical or virtual environments. This approach to defining an AI system reflects the complexity and diversity of AI systems, ensuring that the definition aligns with the EU AI Act's objectives by accommodating a wide range of AI systems. The EC highlights that considering the wide variety of AI systems, it is not possible to provide an exhaustive list of all potential AI systems in these guidelines. The definition of an AI system should not be applied mechanically; each system must be assessed based on its specific characteristics. The guidelines are not binding and are designed to evolve over time and will be updated as necessary, in particular in light of practical experiences, new questions and use cases that arise. Any authoritative interpretation of the EU AI Act may ultimately only be given by the Court of Justice of the European Union.

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