Artificial Intelligence law at Gibraltar (BOT)
Gibraltar, as a British Overseas Territory, is actively developing its legal framework to address the challenges and opportunities presented by artificial intelligence (AI). While there isn't a standalone AI law currently in place, Gibraltar is aligning its regulations with international standards, particularly those of the European Union (EU), to ensure responsible AI development and deployment.
Cyber Law and AI-Related Offenses
In July 2023, Gibraltar enacted the Crimes and Communications (Online Safety) Act 2023, introducing new criminal offenses pertinent to the digital age. Notably, this legislation criminalizes the creation and distribution of AI-generated indecent images of children, reinforcing the territory's commitment to combating online harms (lawgratis.com, gbc.gi).
Data Protection and AI
Gibraltar's data protection regime is governed by the Data Protection Act 2004, which has been amended to align with the EU's General Data Protection Regulation (GDPR). The Gibraltar Regulatory Authority (GRA) serves as the supervisory authority, overseeing compliance and enforcement of data protection laws (DLA Piper Data Protection). This framework ensures that AI systems handling personal data adhere to stringent privacy standards.
Alignment with EU AI Regulations
Gibraltar is closely monitoring developments in the EU's proposed Artificial Intelligence Act, which aims to classify AI systems based on risk levels and impose corresponding regulatory requirements. This includes prohibitions on certain high-risk AI practices and mandates for transparency and human oversight in others (gibraltarlaw.com). By aligning with these standards, Gibraltar seeks to foster innovation while safeguarding fundamental rights.
AI Legal and Compliance Resources
To support stakeholders in navigating the evolving AI legal landscape, Gibraltar-based law firm Ramparts has established an AI Legal & Compliance Knowledge Hub. This resource compiles international standards, guidance, and analysis on AI-related legal issues, including data protection, security, and compliance challenges (ramparts.gi).
Ongoing Developments
Gibraltar continues to engage in discussions and initiatives aimed at refining its approach to AI regulation. The territory's legal community, including firms like Hassans, is actively contributing to the discourse on responsible AI governance, emphasizing the need for clarity and innovation in regulatory frameworks (gibraltarlaw.com).
In summary, while Gibraltar has not enacted a dedicated AI law, it is proactively integrating AI considerations into its existing legal structures and aligning with international best practices to ensure the ethical and responsible use of artificial intelligence.
RELATED Blog
0 comments