On 20 February 2025, the High-Risk Artificial Intelligence Developer and Deployer Act, including testing requirements, was passed by the Senate after the House of Delegates agreed with the Senate's Bill substitute. The Act outlines the responsibilities of developers and deployers of AI. In particular, the Act requires developers to conduct pre-deployment testing, including bias detection, performance evaluation, and red-teaming. It also requires developers to update their disclosures within 90 days of any substantial modification to the AI system. Deployers must conduct ongoing impact assessments and post-deployment monitoring to track system performance and algorithmic discrimination. In addition, AI systems must comply with recognised risk management frameworks such as NIST AI Risk Management or ISO/IEC 42001. The bill exempts certain technologies and activities, including anti-fraud systems and research, and places enforcement authority with the Attorney General, with penalties for violations ranging from USD 1,000 to USD 10,000. The Bill will enter into force on 1 July 2026.
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