Third Draft of the General-Purpose AI Code of Practice Misses the Mark on Fundamental Rights

By Laura Lazaro Cabrera, Center For Democracy & Technology, March 18, 2025

The third draft of the General-Purpose AI Code of Practice was published last week. 

As we expressed in our recent statement, CDT Europe is disappointed about the recent changes made in the third draft Code of Practice to the systemic risk taxonomy. 

Under the AI Act, two sets of obligations apply to general-purpose AI (GPAI) models and those that pose systemic risks. Models will be understood to pose a systemic risk based either on a case-by-case basis by reference to predetermined criteria, or presumed to do so where they exceed a specified benchmark in terms of training compute. If a GPAI model poses systemic risks on either basis, additional risk assessment and mitigation obligations apply on the GPAI model providers. However, the Act does not specify the specific risks that providers should assess and mitigate for – instead, it leaves this important task to the Code of Practice, which sets out to define these precise risks in its systemic risk taxonomy.

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