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Bridging compliance and innovation: A comparative analysis of the EU AI Act and GDPR for enhanced organisational strategy
Journal of Data Protection & Privacy,
7
(1),
14-40
(2024)
Abstract
This paper conducts a comparative analysis of the GDPR and the EU AI Act, focusing on their approaches to innovation, compliance and risk management. It examines how the GDPR's data protection framework intersects with the AI Act's broader ethical considerations, highlighting their complementary roles in fostering responsible technology use. Key findings reveal that while both regulations aim to protect individuals and promote ethical practices, harmonising these frameworks is crucial for effective compliance, despite inherent differences between the two. The paper underscores the need for integrated strategies and adaptive policy-making, in a global context, to navigate the complex regulatory landscape, ensuring both innovation and accountability in AI development.
Keywords: GDPR; EU AI Act; data protection; ethical AI; innovation; compliance; risk management; regulatory harmonisation; transparency; bias detection
The full article is available to subscribers to the journal.
Author's Biography
Sean Musch has an extensive background in the entertainment industry (eg film and art), and specialises in design. Alongside this, Sean has more than a decade of experience in the professional services sector, including holding the position of a tech accountant for five years. Sean knows about auditing and has helped with an IPO on the New York stock exchange. As well as being a compliance expert, he has deep expertise in implementation aspects of audit and assurance engagements, and has been working with the largest global tech MNEs over the past years.
Michael Charles Borrelli is a highly experienced financial services professional with over ten years of experience. He has held executive positions in compliance, regulation, management consulting and operations for institutional financial services firms, and consulted for FCA-regulated firms on strategic planning, regulatory compliance and operational efficiency. In 2020, Michael set up the operations model and infrastructure for a crypto-asset exchange provider, and has been actively engaged in the Web 3.0 and artificial intelligence (AI) communities over the past four years. He currently advises a host of AI, Web3, DLT and FinTech companies.
Charles Kerrigan is a specialist in emerging technologies including crypto, digital assets, Web3 and AI. He works on corporate finance and venture capital transactions in crypto, tokenisation, NFTs, Web3 and DeFi. He is also engaged in consulting projects on blockchain and AI for public bodies, policymakers, standards institutions and corporations. The Blockchain Industry in the UK Landscape Overview names Charles as a ‘leading influencer in blockchain’. At CMS, he is part of teams working on investing and setting standards for emtech in the UK, Europe and the US. He has roles on the advisory boards of AI and crypto firms and of trade bodies. He is the Editor and co-author of ‘Artificial Intelligence Law and Regulation’ (Edward Elgar, 2022). He is the Contributing Editor of ‘AI, Machine Learning & Big Data’ (GLI, 2023). He was listed in The Lawyer Hot 100 2022 of ‘most daring, innovative and creative lawyers’.
