The European Tech Alliance (EUTA) has provided its input to the European Commission’s consultation on AI definitions and prohibitions. EUTA emphasises the importance of a balanced, risk-based approach to AI governance that safeguards innovation, ensures legal clarity, and preserves the competitiveness of European companies.
EUTA’s key perspectives include:
- Clarification on restrictions: The Guidelines must explicitly recognise that AI prohibitions restrict the fundamental right to conduct business and should therefore be interpreted in a strictly limited manner. This is critical to ensure harmonised enforcement across national AI regulators.
- Alignment with the AI Act risk pyramid: Prohibitions must remain consistent with the risk classification system of the AI Act. EUTA highlights the need to distinguish high-risk AI use cases from prohibited practices, avoiding overlap with Annex III. For example, a business practice deemed legitimate in the high-risk category should not simultaneously face restrictions under prohibitions.
- Coherence with existing regulations: Legal certainty requires alignment between the AI Act and other EU laws, such as GDPR and the DSA. Prohibitions should not extend to AI-driven practices that are compliant with these regulations unless explicitly prohibited by law.
- Consistency between online and offline worlds: Rules governing AI must ensure a level playing field by aligning what is permitted or prohibited both online and offline.
EUTA stresses the necessity of maintaining a risk-based approach, banning AI practices only where clear risks have been identified. The Alliance also expresses concern about the potential competitive disadvantage European companies may face if the AI Act’s stringent requirements are not mirrored internationally. Diverging approaches from the UK, US, and China raise questions about Europe’s long-term competitiveness in the AI landscape.
EUTA remains committed to contributing to a regulatory framework that fosters innovation, protects consumers, and ensures Europe remains a global leader in AI development.eness, and empowers European tech companies to thrive globally.
About the European Tech Alliance
EUTA represents leading European tech companies that provide innovative products and services to more than 1 billion users. Our 31 EUTA member companies from 16 European countries are popular and have earned the trust of consumers. As companies born and bred in Europe, for whom the EU is a crucial market, we have a deep commitment to European citizens and values.
With the right conditions, our companies can strengthen Europe’s resilience and technological autonomy, protect and empower users online, and promote Europe’s values of transparency, rule of law and innovation to the rest of the world.
The EUTA calls for boosting Europe’s tech competitiveness by having an ambitious EU tech strategy to overcome growth obstacles, making a political commitment to clear, targeted and risk-based rules, and enforcing rules consistently to match the globalised market we are in.
For media inquiries, please contact:Victoria de Posson, EUTA Secretary General
E-mail: victoria@eutechalliance.eu
E-mail: info@eutechalliance.eu
Phone: +32 476 25 08 16
www.eutechalliance.eu
