«"It will be necessary to ascertain whether the National Data Protection Commission (CNPD) is the most suitable entity for the role of AI regulator or whether it should be another body," says Luís Neto Galvão, a lawyer at SRS Legal. Whichever model is followed, the national AI regulator will sit on the new European regulator created by the AI Act. "It will entail additional obligations for companies in the EU or that have offers in the EU, but it will transcend the EU," predicts Neto Galvão.
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The US will always be able to respond to EU lawyers with the technological behemoths of Google, Amazon, Apple, Facebook, Microsoft or OpenAI - and others that will emerge. Barreto Xavier points to "the red lines that the AI Act applies in the defense of fundamental rights", and Neto Galvão notes that the "Regulation has a consumer protection approach similar to that of household appliances or food", but it is not clear that the legislation does not become a competitive factor.»