AI in Poland – What was the result of the pre-consultation of the implementation of the Artificial Intelligence Act?

Artificial intelligence (AI) is one of the most discussed topics of modern times, and its regulation is generating lively discussions internationally. On May 21, the Council of the European Union approved the adoption of the Artificial Intelligence Act, which aims to unify and secure rules for AI systems across Europe.

This regulation introduces the categorization of risks, defines liability for damages, and ensures transparency of personal data. It also imposes new obligations on businesses operating in this sector. Poland, as one of the EU member states, has already begun work on implementing these regulations.

Pre-consultation at the Ministry of Digitization, the first step towards AI regulation

On May 14, 2024, the Ministry of Digitization announced the completion of pre-consultations with 50 entities on the implementation of the AI Act. The purpose of these pre-consultations was to discuss key issues, such as the establishment of a body to oversee the AI sector.

The questions posed were not straightforward: how to organize oversight in a way that is both effective and does not hinder innovation? This is one of the main challenges faced by all parties involved.

Who will oversee the AI sector?

The implementation of the AI Act requires each EU member state to establish or designate a body responsible for the control and supervision of the AI sector. During the pre-consultation, most participants favored the creation of a new specialized body.

It was argued that the new challenges require new competencies and a dedicated group of experts who can effectively support the development of artificial intelligence in Poland.

The main powers of this body are to:

• Reviewing applications for authorization to market high-risk AI systems.
• Receiving reports on serious AI incidents.
• Cooperating with the Commission and the AI Council.

However, not all participants in the pre-consultation agreed with the need to create a new institution.

Some suggested that oversight of AI could be taken over by existing bodies, such as the President of the Office of Competition and Consumer Protection (UOKiK in Poland), the Minister of Digitization or the President of the Office of Personal Data Protection (UODO in Poland). This is a dilemma that requires further analysis and discussion.

Which sectors will be most affected by the new regulations?

Initial consultations have also identified specific categories of entities that will be most affected by the new regulations. Among them are:

• Entrepreneurs operating in the AI sector.
• Public administration, which will be tasked with implementing and enforcing new regulations.
• The financial sector, where AI is increasingly being used for data analysis and decision-making.
• Creators and artists who use AI in the creative process.
• Health care representatives, for whom AI can provide support in patient diagnosis and treatment.

What’s next? What will be the next steps?

The Ministry of Digitization is currently in the pre-consultation stage, but the outline of future regulations is already visible. The results of the discussions so far give us a broader picture of what the Polish AI sector may look like in the coming years.

Stay abreast of all AI-related legal developments. Ensure your company is fully supported and prepared for upcoming regulations. To learn more about how we can assist you, please contact us at [email protected].