European Union: Passed AI Act including testing requirement for "high-risk AI systems" by EU Parliament

On 13 March 2024, the European Parliament passed the regulation laying down harmonised rules on Artificial Intelligence (Artificial Intelligence Act). The Act includes testing requirements for "high-risk AI systems" as part of the requirement to implement risk management measures for such systems (Art. 9). Specifically, developers must test high-risk AI systems in order to identify the most effective risk management measures to ensure that such systems consistently perform their intended purpose and that they comply with the Act's requirements. Tests should be performed prior to such systems being made available on the market, not going beyond what is necessary to achieve testing purposes and remaining within defined testing metrics. Further, the Regulation provides for the possibility of conducting testing in real-world conditions, i.e. outside of regulatory sandboxes, under certain conditions. The Act now goes to the Council for the final vote.