Written by Kieran Harte
On 5 September 2024, the European Commission signed the Council of Europe Framework Convention on Artificial Intelligence on behalf of the European Union. This was the culmination of negotiations that began in September 2022 under the aegis of the Committee on AI (CAI) established by the Council of Europe in Strasbourg.
This Convention is the first legally binding international instrument on artificial intelligence. It is fully compatible with Union law in general, and the EU AI Act in particular, which is the first comprehensive AI regulation globally.
The Convention provides for a common approach to ensure that activities within the lifecycle of AI systems are compatible with human rights, democracy and the rule of law, while fostering innovation and trust.
It incorporates key concepts from the AI Act, including a focus on human-centric AI and principles for trustworthy AI, a risk-based approach, transparency in AI-generated content and in interactions with AI systems, detailed documentation and risk management obligations, strengthened accountability and remedies, as well as oversight mechanisms for AI activity supervision. Additionally, it supports safe innovation through regulatory sandboxes. This will be essential to provide an effective framework at international level to address risks posed by AI to human rights, democracy, and the rule of law.
The Convention’s principles and obligations will apply to AI system activities conducted by public authorities or private entities acting on their behalf. Private sector actors must address AI system risks and impacts in line with the Convention’s goals, either by directly applying its obligations or by implementing suitable alternative measures.
Exemptions are set out for research and development, as well as national security. The Convention is open to accession by Council of Europe members, the EU, and other countries worldwide.
In the EU, the Convention will be implemented through the AI Act, which provides harmonised rules for the market placement, deployment, and use of AI systems, along with other relevant EU legislation where required. The next steps will involve the European Commission preparing a proposal for a Council decision to conclude the Convention – the consent of the European Parliament will also be provided.