Preparing for compliance: Key differences between EU, Chinese AI regulations

On 12 July 2024, the Official Journal of the European Union published the EU Artificial Intelligence Act, which aims to comprehensively regulate the design, deployment and use of AI systems in the EU.

Key provisions of the act will become applicable to organizations over the course of the next three years, depending on their roles and the risks and capabilities of their services, with the first provisions and restrictions taking effect 2 Feb.

In parallel, regulatory authorities in China have also turned their attention to AI, issuing regulations and technical standards to bring service providers into compliance. The three most important are the Regulations on the Management of Algorithm Recommendations for Internet Information Services, Regulations on Deep Integration Management of Internet Information Services and Interim Measures for the Management of Generative Artificial Intelligence Services, which have been fully applicable since their adoptions in 2022 and 2023.

The evolution of AI governance frameworks in the EU and China share many similarities. For example, the European Commission's High-level Expert Group on AI published its Ethics Guidelines for Trustworthy AI in 2019, around the same time Chinese government bodies first made commitments to supervise AI.

Policymakers in the EU and China have likewise expressed similar goals of regulation, implicating topics such as ethics, data protection, safety and security. Additionally, AI regulation in Brussels and Beijing have been built off preexisting legal frameworks, including those regulating the processing of personal data.

Despite these similarities, however, there are notable differences between the two approaches. Exploring those differences can help organizations comprehend the scope of requirements in both markets and prepare for compliance.

EU opts for comprehensive law, China chooses targeted regulations — for now