Regulatory Siblings: The Unfair Commercial Practices Directive Roots of the AI Act

Abstract

During the past two years, the European Commission has been issuing one regulatory proposal after another in the field of technology regulation. One of the proposed instruments is the Artificial Intelligence Act (AI Act), which is expected to shape the future of technology innovation on the internal market, while proposing stringent normative boundaries for the development of artificial intelligence (AI) in the European Union space. A quick read of the lengthy AI Act proposal reveals a highly complex and cumbersome piece of regulation, which might further complicate harms arising out of the deployment of AI products, rather than clarify the regulatory boundaries of its use. Particularly for the consumer protection reader, Article 5 is reminiscent of an earlier, principle-based regulatory instrument, namely the Unfair Commercial Practices Directive (UCPD).