AI Legislative Guide |
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United Kingdom |
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(Europe)
Firm
Burness Paull LLP
Contributors
Callum Sinclair |
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| 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. | Sections 135-137 of the Data (Use and Access) Act 2025 will require the UK Government to publish reports on the economic impact of, and policy options for, the use of copyright materials for the development of AI systems by 18 March 2026 (once these sections are brought into force). No other specific legislation on AI has been passed in the UK. The UK Government has established a framework for sector-specific regulation of AI through existing UK regulators. The framework sets out a pro-innovation approach to AI regulation. It sets out five principles for existing UK regulators to interpret and apply within their remit - Safety, Security & Robustness, Appropriate Transparency and Explainability, Fairness, Accountability and Governance, Contestability and Redress. The UK Government has issued “Initial Guidance for Regulators on Implementing the UK’s Regulatory AI Principles”. UK regulators are implementing the framework by applying existing laws and issuing additional regulatory guidance for the use of AI within their sectors. The UK regulators published their strategic approach to AI regulation in their sectors on 30 April 2024. The Information Commissioner’s Office has issued guidance on AI and Data Protection. The Medicines and Healthcare Products Regulatory Agency has issued guidance on Software and Artificial Intelligence as a Medical Device. Ofgem has issued guidance on "Ethical AI use in the energy sector". The Scottish Government has made it mandatory to register any use of AI in the Scottish public sector in the Scottish AI Register (which is currently voluntary) - mandatory registration will begin with Scottish Government departments as part of a phased approach across the wider public sector. |
| Which agency regulates the use of AI in your jurisdiction? | The UK Government has established a new central function in the Department of Science, Innovation and Technology to monitor and assess AI risks across the whole economy and support UK regulator coordination and clarity. The following UK regulators regulate the use of AI within their respective remits:
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AI Legislative Guide
Yes.
Sections 135-137 of the Data (Use and Access) Act 2025 will require the UK Government to publish reports on the economic impact of, and policy options for, the use of copyright materials for the development of AI systems by 18 March 2026 (once these sections are brought into force). No other specific legislation on AI has been passed in the UK.
The UK Government has established a framework for sector-specific regulation of AI through existing UK regulators. The framework sets out a pro-innovation approach to AI regulation. It sets out five principles for existing UK regulators to interpret and apply within their remit - Safety, Security & Robustness, Appropriate Transparency and Explainability, Fairness, Accountability and Governance, Contestability and Redress. The UK Government has issued “Initial Guidance for Regulators on Implementing the UK’s Regulatory AI Principles”.
UK regulators are implementing the framework by applying existing laws and issuing additional regulatory guidance for the use of AI within their sectors. The UK regulators published their strategic approach to AI regulation in their sectors on 30 April 2024.
The Information Commissioner’s Office has issued guidance on AI and Data Protection. The Medicines and Healthcare Products Regulatory Agency has issued guidance on Software and Artificial Intelligence as a Medical Device. Ofgem has issued guidance on "Ethical AI use in the energy sector".
The Scottish Government has made it mandatory to register any use of AI in the Scottish public sector in the Scottish AI Register (which is currently voluntary) - mandatory registration will begin with Scottish Government departments as part of a phased approach across the wider public sector.
The UK Government has established a new central function in the Department of Science, Innovation and Technology to monitor and assess AI risks across the whole economy and support UK regulator coordination and clarity.
The following UK regulators regulate the use of AI within their respective remits:
- Bank of England
- Competition and Markets Authority
- Equality and Human Rights Commission.
- Financial Conduct Authority
- Health and Safety Executive
- Information Commissioner’s Office
- Legal Services Board
- Medicines and Healthcare Products Regulatory Agency
- Office for Nuclear Regulation
- Office for Standards in Education, Children’s Services and Skills
- Office of Communications
- Office of Gas and Electricity Markets
- Office of Qualifications and Examinations Regulations