EU AI Act and GDPR: What Compliance Teams Need to Know

The EU AI Act (Regulation 2024/1689) introduces comprehensive AI regulation that directly intersects with GDPR obligations. For compliance teams already managing data protection, understanding these overlaps is crucial for efficient implementation. This guide maps out where the regulations connect and diverge.

Regulatory Timeline

• August 2024: AI Act entered into force
• February 2025: Prohibited AI practices apply
• August 2025: Governance and general provisions apply
• August 2026: Full application for high-risk AI systems
• August 2027: Extended deadline for certain product-safety AI

Where GDPR and AI Act Overlap

1. Risk Assessment Requirements

Both regulations mandate risk assessments, but with different focuses:

• GDPR DPIA: Assesses risks to individuals' rights and freedoms from data processing
• AI Act Conformity Assessment: Evaluates AI system risks across safety, fundamental rights, and societal impact
• Overlap: High-risk AI systems processing personal data require BOTH assessments

2. High-Risk Classification Triggers

The AI Act defines high-risk categories that often involve personal data processing:

• Biometric identification and categorization
• Employment, workers management, and access to self-employment
• Access to education and vocational training
• Access to essential services (credit, insurance, social benefits)
• Law enforcement and migration/asylum
• Administration of justice

These same categories typically trigger GDPR DPIA requirements—profiling, automated decision-making, large-scale special category data, and vulnerable subjects.

3. Documentation Requirements

Both regulations require extensive documentation. The AI Act mandates:

• Technical documentation of the AI system
• Records of training, validation, and testing datasets
• Logging capabilities for traceability
• Instructions for use and limitations
• Fundamental rights impact assessment (for deployers)

GDPR requires:

• Records of processing activities (ROPA)
• Data Protection Impact Assessments
• Documentation of legal basis
• Article 22 safeguards for automated decisions
• Privacy notices explaining AI use

Key Differences to Understand

Scope

• GDPR: Applies to processing of personal data
• AI Act: Applies to AI systems regardless of whether they process personal data
• Result: AI systems without personal data still need AI Act compliance

Regulatory Authority

• GDPR: Data Protection Authorities (DPAs)
• AI Act: National competent authorities (may be different from DPAs)
• Coordination: Article 74 requires cooperation between authorities

Practical Integration Steps

Step 1: Inventory Your AI Systems

Create a register of all AI systems in use, including:

• System name and provider
• Purpose and use case
• Whether it processes personal data
• AI Act risk classification
• Whether a GDPR DPIA exists

Step 2: Map to Existing DPIAs

Review existing DPIAs for processing activities involving AI. Enhance them to include:

• AI Act classification analysis
• Training data documentation
• Accuracy and performance metrics
• Human oversight mechanisms
• Bias and fairness assessments

Step 3: Update ROPA Entries

Add AI-specific details to your ROPA entries:

• Flag processing activities involving AI systems
• Link to AI system documentation
• Note automation levels and human oversight
• Cross-reference with AI Act classification

GDPR Article 22 and AI

Article 22 restricts solely automated decision-making with legal or significant effects. For AI systems falling under this provision:

• Ensure valid legal basis (explicit consent, contract necessity, or law)
• Implement meaningful human oversight
• Provide the right to human intervention
• Explain the logic, significance, and consequences to data subjects

Future-Proofing Your Compliance Program

As AI adoption accelerates, organizations need integrated governance frameworks that address both regulations efficiently:

• Establish AI governance roles with clear GDPR touchpoints
• Create unified assessment templates covering both frameworks
• Build AI documentation into existing privacy management systems
• Train privacy teams on AI Act requirements
• Monitor guidance from both DPAs and AI authorities

Unified Compliance Management

Managing GDPR and AI Act compliance in silos creates duplication, gaps, and confusion. An integrated platform ensures documentation consistency and regulatory coverage.