Standard Deviation? Private Rule-Making Under the EU AI Act

The framework set out by the EU’s proposed Artificial Act (“AIA”) relies heavily on the use of standards developed by private European standard-setting organizations (“ESOs”) for its proposed implementation. The status of standards adopted by such ESOs, however, is controversial, not least because they are copyrighted works produced by private entities under a mandate from the Commission. Recent litigation has raised questions as to the status of such standards within the EU legal orde