AI Legislative Guide |
|
France |
|
|
(Europe)
Firm
Gide Loyrette Nouel A.A.R.P.I.
Contributors
Julien Guinot-Deléry |
|
| Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)? | Yes. |
| Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation. | As of today, there is no specific legislation on AI in France. However, transversal or sectorial regulatory guidelines have helped market players anticipate the regulatory expectations that French competent authorities may have in relation to the use of AI. In general, to avoid imposing constraints which: (i) could be too strict for market developments that continue to evolve quickly and (ii) may not be adapted to the latest technological trends, the regulators publish this type of guidance only after a public consultation (giving the various stakeholders the opportunity to contribute to framing the most appropriate regulatory framework). Once finalized, this type of guidance generally does not give rise to new binding pieces of legislation or regulation, but rather as guidelines highlighting key legal and regulatory issues to consider in relation to AI. For example, The Commission nationale de l'informatique et des libertés ("CNIL") published its first AI development recommendations on April 8, 2024, aiming to balance innovation and respect for individuals' rights. The 7 fact sheets provide legal insights for GDPR-compliant AI development, focusing solely on the development phase for now. Similarly, the (Autorité de Contrôle Prudentiel et de Résolution ("ACPR") published a discussion paper on the governance of AI in Finance. The French Autorité de la concurrence has opened for public consultation on a future opinion on the specific challenges raised by AI in competition law. |
| Which agency regulates the use of AI in your jurisdiction? | As of today, no authority has been specifically appointed to regulate AI in France. The Commission nationale de l'informatique et des libertés ("CNIL") is competent to supervise personal data and privacy related issues. It supports professionals in their compliance efforts and helps individuals to control their personal data and exercise their rights. As part of this mission, it closely monitors technological developments to ensure that its regulatory approach is fit for the latest digital evolutions and market trends. As such, the CNIL is considered a transversal authority on AI-related topics. In addition, sectorial regulators may also be competent on AI-related topics in their respective fields of action. For example, in the banking and financial sectors, the sectorial Autorité des marchés financiers ("AMF") and the Autorité de contrôle prudentiel et de résolution ("ACPR"), which supervise the financial, banking and insurance sectors in France, are also competent to regulate how the supervised entities develop, integrate and/or use AI in their activities. Another illustration of this sectorial approach on AI is the role played by the French Autorité de la concurrence which is competent on the specific challenges raised by AI in competition law (see above). |
AI Legislative Guide
France
(Europe) Firm Gide Loyrette Nouel A.A.R.P.I.Contributors Julien Guinot-Deléry
Updated 18 Apr 2024Yes.
As of today, there is no specific legislation on AI in France. However, transversal or sectorial regulatory guidelines have helped market players anticipate the regulatory expectations that French competent authorities may have in relation to the use of AI.
In general, to avoid imposing constraints which: (i) could be too strict for market developments that continue to evolve quickly and (ii) may not be adapted to the latest technological trends, the regulators publish this type of guidance only after a public consultation (giving the various stakeholders the opportunity to contribute to framing the most appropriate regulatory framework). Once finalized, this type of guidance generally does not give rise to new binding pieces of legislation or regulation, but rather as guidelines highlighting key legal and regulatory issues to consider in relation to AI. For example, The Commission nationale de l'informatique et des libertés ("CNIL") published its first AI development recommendations on April 8, 2024, aiming to balance innovation and respect for individuals' rights. The 7 fact sheets provide legal insights for GDPR-compliant AI development, focusing solely on the development phase for now. Similarly, the (Autorité de Contrôle Prudentiel et de Résolution ("ACPR") published a discussion paper on the governance of AI in Finance. The French Autorité de la concurrence has opened for public consultation on a future opinion on the specific challenges raised by AI in competition law.
As of today, no authority has been specifically appointed to regulate AI in France.
The Commission nationale de l'informatique et des libertés ("CNIL") is competent to supervise personal data and privacy related issues. It supports professionals in their compliance efforts and helps individuals to control their personal data and exercise their rights. As part of this mission, it closely monitors technological developments to ensure that its regulatory approach is fit for the latest digital evolutions and market trends. As such, the CNIL is considered a transversal authority on AI-related topics.
In addition, sectorial regulators may also be competent on AI-related topics in their respective fields of action. For example, in the banking and financial sectors, the sectorial Autorité des marchés financiers ("AMF") and the Autorité de contrôle prudentiel et de résolution ("ACPR"), which supervise the financial, banking and insurance sectors in France, are also competent to regulate how the supervised entities develop, integrate and/or use AI in their activities. Another illustration of this sectorial approach on AI is the role played by the French Autorité de la concurrence which is competent on the specific challenges raised by AI in competition law (see above).