A potential AI Act vs GDPR conflict might arise from the tension between the AI Actโs goal of addressing algorithmic bias and the GDPRโs strict privacy protections, making it difficult for companies to process sensitive personal data for that purpose while remaining compliant.
The recent European Court of Justice (ECJ) Advocate General's opinion in case C-203/22 is an important development in addressing how companies using artificial intelligence (AI) can balance automated decision transparency with the protection of trade secrets, while complying with the requirements of the GDPR.
The French Data Protection Authority (CNIL) has published useful recommendations on how to use AI solutions processing personali data in compliance with the GDPR.ย