The Report on the implementation of the European regulation on artificial intelligence was published on 11 December 2024. Chaired by Alexandra Bensamoun, with the support of Lionel Ferreira and Frederic Pascal.
The Report represents a blueprint of the position of France regarding the Code of Practive (article 53.1.c of the AI Act) and the Template (article 54.1.d of the AI Act).
CEPIC was audited for this Report, as listed on page 34. The Draft Template for Transparency Requirement was sent the rapporteurs during the hearing.
What the Report says? Main points.
1. No opposition between Innovation and Legislation. There is no opposition between ‘technological innovation’ and ‘legislation’. An inadequate, uncertain and/or unbalanced legislative framework slows down technological innovation and pave the way for endless litigation, as presently the case for AI.
2. Usefulness of the law. ("effet utile") Article 53 must be effective to be useful. The ‘summary’ required must therefore be sufficiently ‘detailed’ to develop its useful effect, which is respect for copyright.
3. No silos. There is no such thing as a confidential code of practice (article 53.1.c) on the one hand, and a ‘template’ made public by the AI Office (article 53.1.d) on the other. The Report therefore proposes that the Code of Practice be integrated into the Template.
4. Business secret. The Report makes the difference between "ingredients" and "recipe". Ingredients, such as URL, may be part of the Template, but not how they are used ultimately, the Recipe, which is covered by business secret.
5. Level of details of the "Template". The level of details of the Summary should depend of the level of "trustworthiness" of the sourced content (page 28).
- Open Source, public domain content, where no authorization is required
- Licensed content, where RH have given their content
should require a lesser level of details than
- Protected content publicly available on the web, but where Rightholders have not expressly given their authorization.
A "template" model is provided on page 30- 32 of the Report.
It may be worthwhile to compare it to the Draft Template we have provided them and the EC.
Draft CEPIC Template on transparency requirements is available in the Member Area
(sf)