The EU AI Act and the New Era of Accountable Innovation

Written By: Chaewon Kang

October 26, 2025. The LexAI Journal

The European Union has created the world’s first comprehensive legal framework for artificial intelligence, one that will likely reshape how innovation is governed not only within Europe but globally. Entered into force in 2024, the EU Artificial Intelligence Act represents an unprecedented attempt to regulate AI through a risk-based approach, embedding accountability, transparency, and human oversight into law.

This ambitious blueprint will do more than set rules; it will redefine how companies build, deploy, and safeguard innovation in the AI age (Kenton Jr. & Gorgin, 2025). The EU’s framework also emerges amid a global push toward responsible AI governance. Canada, for instance, has taken a proactive approach since launching its National AI Strategy in 2017. Although the proposed Artificial Intelligence and Data Act, also known as AIDA, was recently halted (Arai, 2025), it shows the path countries are not moving towards regarding AI regulation and law-making. As policymakers navigate these evolving landscapes, the EU AI Act stands out as both a legal precedent and an ethical experiment in the governance of innovation.

Origins and Context

The EU AI Act is rooted in Europe’s broader digital and ethical governance agenda, built on principles of human dignity, fundamental rights, and precautionary oversight. Proposed by the European Commission in 2021 as part of its European Strategy for AI, the Act sought to establish trust as the foundation of AI development and adoption (European Commission, 2025). Over three years of negotiation, the European Parliament and the Council of the EU worked to reconcile competing visions: some member states, such as France, emphasized flexibility to support innovation, while others, such as Germany, prioritized stronger ethical guardrails. The resulting compromise reflects the EU’s self-conception as a “normative power”, using regulation not only to structure its internal market but to export its values globally. Much like the General Data Protection Regulation, also known as the GDPR, before it, the AI Act exemplifies the so-called “Brussels Effect,” extending Europe’s influence far beyond its borders (Bradford, 2019).

A Risk-Based Framework

The core of the AI Act lies in a risk-based classification system that assesses the level of risk posed by AI systems to fundamental rights and safety, rather than targeting specific technologies. The first tier is the unacceptable risk. This includes social scoring, manipulative AI, and real-time biometric surveillance, and they are banned outright as incompatible with EU values. The second tier, high-risk systems, covers applications in sectors such as healthcare, employment, education, and law enforcement, and are subject to strict requirements regarding data quality, documentation, human oversight, and post-deployment monitoring. Providers must complete conformity assessments before placing these systems on the market. The third tier, limited- or minimal-risk applications, such as chatbots and customer service tools, are primarily bound by transparency obligations, for example, informing users that they are interacting with an AI system (EU Artificial Intelligence Act, 2024). To support compliance and oversight, the EU has introduced several implementation tools. The EU AI Act Compliance Checker helps small and medium enterprises identify their potential obligations. By focusing on risk levels rather than specific technologies, the Act aims to remain flexible and technologically neutral. However, this flexibility introduces an ongoing challenge, asking how risk can be defined, interpreted, and enforced across all member states.

Implications Across Sectors

The EU AI Act’s implications reach across industries and borders. For businesses, it introduces rigorous documentation and transparency requirements, encouraging cross-functional collaboration between technical, legal, and ethical teams. Compliance will require not only procedural adaptation but also cultural change, embedding AI governance within corporate accountability structures rather than treating it as an afterthought. For governments, the challenge lies in balancing innovation with oversight. The Act demands active regulatory engagement without discouraging technological growth. On a global scale, the EU’s approach is expected to influence trade relations, and AI systems entering the European market must comply with its provisions, extending Europe’s governance reach worldwide (Csernatoni, 2025).

Ethically, the Act repositions accountability from individuals to institutions. It reframes the debate from what AI can do to who is responsible when it does. In doing so, it transforms ethical expectations into legal obligations, illustrating how law can operationalize moral values. In this way, the AI Act demonstrates both the potential and the limits of translating ethical ideals into legal form. It codifies abstract principles, such as fairness, transparency, explainability, and human oversight, into binding legal requirements. Yet this process inevitably invites ambiguity. What constitutes fairness in algorithmic decision-making? How can “human oversight” be meaningfully exercised when systems operate autonomously?

Global Perspective & Looking Ahead

While the EU AI Act remains the most comprehensive legislative initiative to date, it is not alone in shaping the global conversation on AI governance. Canada, for example, has taken a proactive approach to AI governance, balancing innovation with ethical risk management. The country was among the first to implement a national AI strategy in 2017, followed by the Directive on Automated Decision-Making in 2019, its role as a founding member of the Global Partnership on AI in 2020, and the establishment of the Canadian Artificial Safety Institute in 2024.

However, Canada’s federal Artificial Intelligence and Data Act, also known as the AIDA, was halted in early 2025, signalling a shift toward decentralized policymaking. Provinces such as Ontario have since advanced their own measures, including Bill 194, Strengthening Cyber Security and Building Trust in the Public Sector Act (Government of Ontario, 2024), while federal and sectoral bodies, such as the Treasury Board, continue to shape standards. This evolving mosaic contrasts with the EU’s unified risk-based model, underscoring the diversity of democratic approaches to AI governance.

Ultimately, the EU AI Act is more than a regulatory milestone; it is a test of how law, ethics, and innovation can coexist. As AI becomes ever more embedded in decision-making, the critical question will not only be whether systems are lawful, but whether they are just. The path ahead will depend on the capacity of institutions, industries, and societies to translate principles of transparency and accountability into genuine public trust.

References 

  1. Arai, Maggie. (2025, February 11). What’s next for AIDA? Schwartz Reisman Institute for Technology and Society. University of Toronto. https://srinstitute.utoronto.ca/news/whats-next-for-aida

  2. Bradford, A. (2019, December 19). The Brussels Effect: How the European Union Rules the World. Oxford University Press. https://doi.org/10.1093/oso/9780190088583.001.0001

  3. Csernatoni, R. (2025, May 20). The EU’s AI Power Play: Between Deregulation and Innovation. Carnegie Endowment for International Peace. https://carnegieendowment.org/research/2025/05/the-eus-ai-power-play-between-deregulation-and-innovation?lang=en

  4. EU Artificial Intelligence Act. (2024, February 27). High-level summary of the AI Act. Future of Life Institute. https://artificialintelligenceact.eu/high-level-summary/

  5. European Commission. (2025, October 23.). AI Act. European Commission. https://digital-strategy.ec.europa.eu/en/policies/regulatory-framework-ai

  6. Government of Ontario. (2024) Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024, S.O. 2024, c. 24 – Bill 194. King’s Printer for Ontario. https://www.ontario.ca/laws/statute/s24024

  7. Kenton Jr. & Gorgin. (2025, October 23). EU AI Act Demands Informed, Disclosure-Aware Patent Strategies. Bloomberg Law. https://news.bloomberglaw.com/legal-exchange-insights-and-commentary/eu-ai-act-demands-informed-disclosure-aware-patent-strategies

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