The AI Act and emerging EU digital acquis. Overlaps, gaps and inconsistencies

We identify eight key areas where challenges may emerge, and make the following policy recommendations: 1) there is a need to clarify and align the terminology with the legal categories and notions in existing EU legislation related to AI; 2) negotiators should ensure better fine-tuning of the interactions of the act with sector-specific rules (notably in the health sector); 3) the act should be made consistent with EU data protection rules, for example regarding the lawfulness of personal data processing; 4) the act’s risk-based approach features a number of loopholes that need to be addressed to improve legal certainty for AI providers and users; 5) while the act aims to complement existing product safety rules, it requires more detailed provisions to allow for meaningful integration with EU acquis; 6) the act introduces a weak enforcement scheme, which should be strengthened and aligned with other digital policies; 7) EU legislators should tackle the growing divergence between the stated goals of the act and emerging data transfer rules; and 8) the act would benefit from exemptions aimed at promoting scientific research.