Why companies need clear responsibilities
Artificial intelligence is making its way into more and more companies – often faster than the necessary framework conditions can be created. Clear responsibilities, a reliable overview of the systems in use, and binding rules for employees are crucial for a legally sound deployment. This brings into focus the role of an AI officer.
The AI Regulation as a new legal framework
With the AI Regulation (AI Regulation) The European Union has for the first time created a unified legal framework for the use of artificial intelligence. Regulation (EU) 2024/1689, Also known as AI Act The regulation came into force on August 1, 2024. It is not only aimed at providers of AI systems, but also at their operators, that is, companies that use AI systems.
The AI Act aims to ensure the safe and transparent use of artificial intelligence. The specific obligations the AI Act imposes on companies depend on their role, such as that of provider or operator, and on the risk class of the respective AI system.
At its core, it involves:
The role of the AI Officer
One way to coordinate the use of AI in the company is to appoint an AI officer or AI manager. This person bundles the organizational and legal requirements surrounding the use of AI and serves as a central point of contact for management, departments, and employees.
His typical duties include, in particular:
Furthermore, the AI officer has a key coordinating function within the company.
The AI Officer as the central interface in the company
The use of AI regularly involves several business areas and different professional disciplines. Considerations include data protection issues, requirements for information security, and other legal aspects, such as copyright. In addition, depending on the area of deployment, the involvement of the works council may be required.
Therefore, it is not possible to assess whether and under what conditions an AI application can be used by a single person on a regular basis. Rather, the professional assessments of the involved departments must be combined and coordinated with one another.
Principle: No statutory designation requirement
It should be clarified that the AI Act does not provide for mandatory appointment of an AI officer. Unlike the General Data Protection Regulation (GDPR), which requires the appointment of a data protection officer under certain conditions, the AI Act does not contain any corresponding provision. Therefore, companies can generally decide for themselves how to ensure the compliance with the requirements of the AI Act in the future, organizationally.
Conclusion
Anyone who wants to maintain control over the use of AI needs clear structures and responsibilities. Even if the AI Act does not require companies to appoint an AI officer, it is advisable to entrust a responsible person or department with the coordination of AI deployment at an early stage.
Especially for small and medium-sized companies, an external AI consultant can be an efficient and practical solution. This way, responsibilities can be streamlined, internal processes can be unified, and the requirements of the AI Act can be permanently integrated into the company's practices.
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FAQ
What does the AI regulation regulate for companies?
The AI Regulation creates a uniform European legal framework for the use of artificial intelligence. It is not only aimed at providers, but also at companies that use AI systems. The obligations that apply depend, in particular, on the respective role of the company and the risk class of the AI system.
What obligations can arise from the AI Regulation?
The key requirements include, among other things, the assessment of risks, appropriate risk management measures, documentation and transparency obligations, ensuring sufficient AI literacy, and requirements for the labeling of certain AI-generated or AI-manipulated content.
What are the duties of an AI officer?
An AI officer can centrally coordinate the use of AI in the company. Typical tasks include managing an AI registry, assessing regulatory requirements and risks, establishing release and control processes, creating internal AI policies, and coordinating training.
Why is central coordination useful when using AI?
AI applications often involve several different departments at the same time. In addition to data protection and information security, for example, legal, copyright, and participatory rights issues may also be relevant. An AI coordinator can coordinate the involved parties and ensure that responsibilities are clarified and decisions are documented.
Do companies have to appoint an AI officer?
No. The AI Regulation does not contain a general requirement to appoint an AI officer. Companies can, in principle, decide for themselves how to ensure the organizational compliance with the requirements.
What organizational measures should companies take when using AI?
Companies should capture the AI systems they use, establish clear responsibilities, create internal AI policies, train employees, involve relevant departments early on, and document approvals and risk assessments in a comprehensible manner.
