Opening of the pre-registration for participation in the sandbox of the future European Regulation on Artificial Intelligence

Opening of the pre-registration for participation in the sandbox of the future European Regulation on Artificial Intelligence

Since last October, the pre-registration for participation in the sandbox of the future European Regulation on Artificial Intelligence is available. The Ministry of Economic Affairs and Digital Transformation, through the Secretary of State for Digitalisation and Artificial Intelligence, opened thi pre-registration for entities and experts interested in participating in the testing environment sandbox.

What does this sandbox consist of?

Artificial Intelligence (AI) is an emerging technology that offers great opportunities for economic and social development, but also poses ethical, legal and societal challenges. Hence the need to establish an appropriate regulatory framework that ensures trust, security and protection of the fundamental rights of citizens and companies using or developing AI-based solutions.

This sandbox consists of a controlled space where participants can experiment with innovative AI solutions under the supervision of the competent authorities. The aim is to facilitate the development and validation of AI solutions that comply with the ethical and legal principles established by the European Union.

Objective and structure of the AI Test Environment

The AI test environment, sandbox, has been designed following a participatory and flexible approach, allowing for adaptation to the needs and characteristics of each project. The environment has four phases: pre-registration, selection, implementation and evaluation. Pre-registration is open from 3 October until 15 November 2023 and can be done through the Ministry’s electronic headquarters.

The opening of the sandbox is a pioneering initiative, the aim of which is to bring the competent authorities closer to companies developing Artificial Intelligence, so that the public and private sectors can collaborate and jointly define good practices and bases that will serve as a guide for the implementation of the future regulatory framework, so that it can be applied over the next two years.

The first AI test environment will address requirements for high-risk artificial intelligence systems, such as medical devices, machinery, or certain autonomous AI systems, such as biometric identification systems, education, worker management, etc.

The importance of preserving Data Protection and Confidentiality

Last August, the Spanish National Markets and Competition Commission (CNMC) published a report analysing this sandbox and issued a statement on the need to take into account the risks posed by AI in terms of data protection, with the need for all participants to comply with data protection regulations, in addition to guaranteeing the confidentiality of the information they provide.

Therefore, participants should identify and assess the risks, including those arising from the processing of personal data, and in particular those used by AI itself.

In conclusion, it is an opportunity for participants to develop and test innovative, secure and reliable AI solutions that contribute to social welfare and economic growth. The environment will also allow for the identification of best practices, challenges and regulatory needs in the field of AI.

This is the beginning of Artificial Intelligence ceasing to be an unregulated technology, which will lead to the creation of a regulatory framework from which SMEs and startups will be able to benefit, as it will be possible to detect failures and develop solutions before its implementation.

At Letslaw, a law firm specialising in this area, we can provide legal advice as digital lawyers in this area if you are interested in finding out how this new regulatory framework may affect your business.