The Lawxy Times
EU Tightens AI Act Checks on Systemic-Risk AI Models Now
On 10โฏSeptemberโฏ2024 the European Commission affirmed that the Artificial Intelligence Act already governs systemicโrisk AI models and announced intensified supervisory checks on providers such as OpenAI and Anthropic. This shifts the regulatory approach from advisory guidance to mandatory compliance inspections for highโimpact systems. Companies that develop or deploy systemicโrisk models now face immediate audits and the prospect of substantial fines. The clarification narrows any argument that a separate, adโhoc statute is required to address existential AI threats.
Full News Breakdown
The public alarm raised by a former Anthropic researcher sparked a debate in Brussels over whether the bloc needed fresh legislation or could rely on existing rules. Policymakers concluded that the AI Act already contains the necessary tools and moved to enforce its systemicโrisk obligations.
Case Name: EU AI Act enforcement review
Court: European Commission
Date: 10โฏSeptemberโฏ2024
EU Instruments / UK Legislation Cited: Artificial Intelligence Act (Regulation (EU)โฏ2021/0100)
Key Provisions: Articleโฏ5(1)(b); AnnexโฏIII, pointsโฏ1โ3
Primary Legal Issue: Adequacy of the AI Act for systemicโrisk AI models
Respondent/Defendant Arguments: OpenAI and Anthropic contended that existing obligations do not cover existentialโrisk scenarios
Court's Reasoning: The Act imposes riskโmanagement and conformityโassessment duties that already address lossโofโcontrol and misalignment risks; supervisory powers are sufficient to enforce them
Holding: Enforcement of systemicโrisk obligations under the Act will be intensified
Operative Order: Supervisory notices to be issued; providers must submit independent riskโassessment reports within 60โฏdays
Practical Outcome: Potential fines up to 6โฏ% of worldwide turnover for nonโcompliance
How Does This Affect You?
Before the Commissionโs announcement, uncertainty lingered over whether the AI Act could be stretched to cover existentialโrisk models. The Commission now confirms that the Actโs systemicโrisk provisions are applicable and that enforcement will be proactive. Practically, providers must treat supervisory audits as mandatory and prepare detailed riskโmanagement dossiers, while regulators gain a clearer mandate to impose sanctions.
For Lawyers & Advocates
Review pending AIโrelated contracts to insert clauses obligating the counterโparty to furnish the riskโassessment report required by the Act within the 60โday window.
Update internal compliance checklists to include a step for independent thirdโparty verification of systemicโrisk controls, as the Act now expects documented external assessment.
Cite the Commissionโs enforcement stance as persuasive authority when arguing that a clientโs systemicโrisk AI system falls within the Actโs scope in future disputes.
Advise clients that the riskโmitigation threshold has risen; failure to demonstrate alignment with human values may trigger fines of up to 6โฏ% of global turnover.
Highlight that the ruling leaves open the question of how โloss of controlโ is measured, prompting clients to adopt conservative monitoring metrics pending further guidance.
For Law Students
The case illustrates how EU regulators can interpret existing statutes to cover emerging technological threats without new legislation. The core doctrinal focus is the scope of โsystemic riskโ under the AI Actโs riskโmanagement regime.
The decision is particularly relevant for the study of:
EU regulatory law and the principle of proportionality
Riskโassessment obligations in highโrisk AI regulation
Administrative enforcement powers of the European Commission
Comparative analysis of AI governance frameworks
Comparable cases includeโฏCโ311/18โฏGoogleโฏSpain (2014) on dataโprotection scope andโฏCโ673/19โฏSchremsโฏII (2020) on extraterritorial enforcement; contrasting them shows how courts balance technological novelty against existing regulatory text.
For Businesses
AIโfocused startโups must prepare a comprehensive systemicโrisk dossier before seeking venture funding, as investors will demand proof of compliance with the Actโs new enforcement expectations.
Large tech firms should schedule boardโlevel reviews of their AI riskโmanagement policies to ensure alignment with the supervisory notice timeline.
Companies operating AIโdriven services in regulated sectors (e.g., finance, healthcare) need to amend their internal audit programmes to include the independent assessment requirement, or risk operational shutdowns.
Enterprises that have previously relied on selfโassessment should now allocate resources for thirdโparty verification to avoid punitive fines.
Key Takeaways
The Act now expressly covers systemicโrisk AI models, removing prior ambiguity about its reach.
Practitioners must obtain independent riskโassessment reports and embed them in contractual and compliance frameworks.
Regulators can issue supervisory notices and levy fines up to 6โฏ% of global turnover for nonโcompliance with systemicโrisk duties.
Watch for the European Parliamentโs forthcoming amendment to AnnexโฏIII, expected in early 2025, which will detail quantitative thresholds for lossโofโcontrol metrics.
Inโhouse counsel should audit all AI projects by 31โฏDecemberโฏ2024 to ensure the required documentation is ready before the first supervisory notice is served.
Source: Keep calm and regulate on: Inside the EUโs response to AI extinction warnings

