European Union: Issued EU Commission binding request for information to Microsoft under the Digital Services Act on generative AI risks on Bing

On 17 May 2024, the European Commission issued a legally binding request for information to Microsoft regarding the generative artificial intelligence (AI) features of Bing, including "Copilot in Bing" and "Image Creator by Designer". The binding request was issued following an initial inquiry from 14 March 2024, where Microsoft was asked to address specific risks associated with its generative AI technologies. The Commission's request was issued over potential breaches of the Digital Services Act (DSA) due to a lack of measures addressing risks such as the spread of deepfakes and the automated manipulation of services that could mislead voters. Microsoft is required to respond by 27 May with internal documents and data previously undisclosed. Failure to comply could result in fines of up to 1% of Microsoft's total annual income or worldwide turnover, with additional penalties for providing incorrect, incomplete, or misleading information.