The EU AI Act introduces standardization instruments such as harmonized standards to facilitate compliance with the Act's requirements and obligations. Providers of high-risk AI systems and general-purpose AI models can enjoy a presumption of compliance if they follow these standardization tools. However, standardization is not mandatory, and providers who do not follow them may face additional workload and penalties for non-compliance. Harmonized standards are expected to cover the requirements for high-risk AI systems and the obligations of providers of GPAI models and GPAI models with systemic risk. Compliance with these standards can help bypass third-party conformity assessments for certain high-risk AI systems, but providers must still ensure compliance for requirements and obligations outside the scope of harmonized standards. The EU AI Act does not become fully operational until mid-2026, but market operators must prepare in advance to comply with the evolving regulatory framework around AI.

Colorado's Governor signed SB24-205 into law, providing consumer protections for artificial intelligence (AI) that will come into effect on February 1, 2026. The law requires developers and deployers of AI systems to demonstrate reasonable care to protect consumers from known or foreseeable risks of algorithmic discrimination. Deployers must implement a risk management policy, while developers must take reasonable care to protect consumers and provide deployers with documentation. The law defines algorithmic discrimination as unlawful differential treatment or impact against individuals or groups on the basis of certain characteristics. The law does not apply to certain high-risk systems approved or used in compliance with federal agency standards.

The National Institute of Standards and Technology (NIST) has released a draft AI RMF Generative AI Profile to help organizations identify and respond to risks posed by generative AI. The profile provides a roadmap for managing GAI-related challenges across various stages of the AI lifecycle, and offers proactive measures to mitigate the risks of GAI. Although voluntary, implementing an AI risk management framework can increase trust and increase ROI by ensuring your AI systems perform as expected.

The development of artificial intelligence (AI) technologies relies heavily on data. However, the use of copyrighted materials in training and testing AI systems may raise copyright infringement concerns. The EU AI Act introduces no exceptions to current copyright law but imposes obligations on providers of general-purpose AI models to comply with copyright protection. These obligations include establishing copyright policies and providing detailed summaries of training data used in the development of the AI model. The AI Office is tasked with developing guidelines and monitoring compliance with copyright obligations. EU copyright law provides several exceptions to copyright protection, including exemptions for text and data mining activities. Still, non-compliant operators may face harsh penalties under the Act and copyright claims under EU copyright law.

Generative Artificial Intelligence (GenAI) has raised numerous legal questions, particularly in the realm of copyright law as GenAI systems become increasingly sophisticated in replicating and generating content. The use of copyrighted material for training AI is a central concern, with lawsuits proliferating as a consequence. There are laws in several countries that could potentially permit the use of copyrighted materials to train AI. The ongoing legal battles confront ethical questions, such as whether training a model on copyrighted material requires a license, whether generative AI output infringes on the copyright of the materials on which the model was trained, and whether liability for copyright infringement stems from generative AI. The lawsuits and legal questions underscore the complex and evolving nature of copyright law in the era of AI technology. Organizations need to stay on top of developments to remain compliant with the fast-moving legal landscape.