Připravuje se návrh prvního českého zákona o umělé inteligenci

The draft law on artificial intelligence, prepared by the Ministry of Industry and Trade, represents the first Czech legal regulation in the field of AI. The draft law builds on the EU AI Act. It is currently undergoing a consultation process, during which other ministries and administrative authorities can provide their feedback. If it passes without significant objections, it will be discussed by the new Chamber of Deputies.

Given the direct applicability of the EU AI Act, the adaptation law is designed minimally and addresses only areas where the regulation requires national adjustments by member states. The aim of the draft is to ensure oversight and control over the use of AI in the Czech Republic, establish rules for testing and approving AI systems, and support innovation through a so-called regulatory sandbox.

The regulatory sandbox is a crucial component of this proposal. According to the law, it will be an environment where companies can test their AI systems under the supervision of a regulator, even before they are brought to market or as part of research and development. The sandbox will be operated by the Czech Agency for Standardization, and participation in it is intended to be free for companies. However, the selection of participants will be based on rules set by the agency, and entry will not be automatic.

The draft also addresses how authorities will proceed in the event of rule violations. Supervisory bodies will have special powers in cases of less serious violations, such as sending a notice for correction. Proceedings for administrative offenses are to be a last resort in cases where correction does not occur.

Furthermore, the draft defines the authorities that will be responsible for administrative oversight under the law. The main technical oversight will be conducted by the Office for Technical Standardization, Metrology, and State Testing, which will also establish the regulatory sandbox. The Czech Telecommunications Office will serve as the central supervisory authority for the market and the main contact point for the public. The Czech National Bank will oversee the financial sector, and the Office for Personal Data Protection will supervise systems that may affect individuals' privacy.

Given that the law has been prepared in close cooperation between the Ministry of Industry and Trade and other administrative authorities and some companies, there is professional consensus on its wording, and it is expected to reach the Chamber of Deputies soon. However, we will have to wait to see whether and in what form it will be approved.

Authors:

František Schirl

Matěj Šimpach