Artificial Intelligence and Data Protection: How to Reconcile Both Areas from the European Law Perspective

Artificial intelligence (AI) is the latest in a long wave of disruptive technology, offering significant benefits but also creating risks if deployed in an uncontrolled manner. Recognizing this, many countries around the world, including Vietnam, are making efforts to research and build a legal framework to regulate and manage the development of AI to ensure that this technology supports their socio-economic development. In this context, the legislative experience of the European Union, one of world’s leaders in digital technology, is of high significance.

The European GDPR, adopted in 2016, has become the international standard in terms of data protection. The EU AI Act, which is currently in a draft stage and will come into force not before end of 2024, sets out horizontal rules for the development, commodification and use of AI-driven products, services and systems, including the AI system and data protection. This article particularly scrutinizes the interplay between both the AI Act/AI systems and the GDPR and considers the regulatory state of play as at October 2022.