EU Commission opens stakeholder participation in drafting general-purpose AI code of practice

The European Commission has issued a call to stakeholders to participate in drafting a code of practice for general-purpose artificial intelligence (GPAI), a key part of compliance with the AI Act for deployers of technology like ChatGPT, according to a press release on Tuesday (30 July).

The participation of civil society and academia has been a thorny issue, with some organisations worrying they would be left out of the process, effectively leaving companies to draft their own rules.

However, it turns out that a diversity of stakeholders will be engaged in the process, albeit with companies still maintaining a somewhat stronger position in the planned structure, according to the call for expression of interest published today, which runs until 25 August.

Separately, on Tuesday the Commission opened up a consultation for parties to express their views on the code of practice until 10 September, without participating directly in its drafting.

GPAI providers, like OpenAI or Microsoft, can use the code to demonstrate compliance with their obligations until harmonised standards are created. The standards will support compliance with GPAI obligations, which take effect in August 2025, one year after the AI Act comes into force.

The Commission may give the code general validity within the EU through an implementing act, similar to how it plans to convert a voluntary Code of Practice on Disinformation under the Digital Services Act into a formal Code of Conduct.

A plenary “consisting of all interested and eligible general-purpose AI model providers, downstream providers integrating a general-purpose AI model into their AI system, other industry organisations, other stakeholder organisations such as civil society or rightsholders organisations, as well as academia and other independent experts” will “facilitate the iterative drafting process,” the Commission said in the call for expression of interest.

The work will be split into four working groups, dealing with different aspects of the code, with the first meeting planned for September. The AI Office, the Commission’s unit coordinating the implementation of the AI Act, will appoint independent experts as chairs and vice chairs for the different groups.

Based on the open consultation, the chairs will draft the code of practice and present it in the first plenary, kickstarting the iterative process among the participants. Three plenary meetings are expected over the next 12 months.

However, “as main addressees of the code,” providers will hold their own “workshops” with the chairs of the working groups, on top of their participation to the plenary, according to the call for expression.

“The AI Office will ensure transparency into these discussions, such as by drawing up meeting minutes and making these available to all plenary participants,” the call for expressions of interest said.

The final draft of the code will be published in nine months. The AI Office and the AI Board, comprised of experts from member states, will give their opinions and decide whether to approve the code.

The Commission is hiring a consulting firm to run the drafting process, as Euractiv reported in early July.

[Edited by Zoran Radosavljevic]

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