EU AI Act vs GDPR – Differences and Connections
A common question is: what's the relationship between the EU AI Act and the General Data Protection Regulation (GDPR)? While they address different aspects, they often overlap.
A common question is: what's the relationship between the EU AI Act and the General Data Protection Regulation (GDPR)? While they address different aspects, they often overlap.
Understanding how these two landmark regulations work together is crucial for any business using AI systems that process personal data. Both frameworks aim to protect fundamental rights, but they approach this goal from different angles.
GDPR
Governs the processing of personal data
- • Focus on data protection and privacy
- • Applies to any personal data processing
- • Individual rights and consent
- • Data minimization and purpose limitation
AI Act
Governs how AI systems function and the risks they pose
- • Focus on AI system safety and trustworthiness
- • Applies to AI systems regardless of data use
- • Risk-based approach to regulation
- • Technical and organizational requirements
Timeline Difference
GDPR is already fully in force, while the AI Act is being phased in with different deadlines for different risk categories.
Dual Compliance Required
AI systems using personal data must comply with both GDPR and the AI Act. This means implementing data protection measures while also meeting AI-specific safety and transparency requirements.
Shared Principles
Transparency and user consent are key in both frameworks. Users must understand how their data is being used and what AI systems are doing with it.
Complementary Protection
GDPR protects individual privacy rights, while the AI Act ensures AI systems are safe and trustworthy. Together, they provide comprehensive protection for AI users.
Biometric AI (e.g., facial recognition)
Must satisfy both GDPR and AI Act requirements
GDPR Requirements
- • Explicit consent for biometric data
- • Data minimization
- • Right to erasure
AI Act Requirements
- • High-risk system classification
- • Conformity assessment
- • Human oversight
Chatbots
Focus on informing users that they're interacting with AI
GDPR Requirements
- • Clear privacy notice
- • Lawful basis for processing
- • Data subject rights
AI Act Requirements
- • Transparency obligations
- • User information requirements
- • Limited risk classification
Which is more important, AI Act or GDPR?
Both are mandatory and complement each other. If your AI system processes personal data, you must comply with both regulations. The AI Act adds additional requirements on top of GDPR for AI-specific risks.
How does the AI Act affect data protection?
It introduces additional safeguards for AI use of data, including transparency requirements, human oversight obligations, and specific technical measures to ensure AI systems don't compromise data protection principles.
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