Does an AI regulator already exist in Belgium?

The (draft) AI Act requires each member state to designate a national artificial intelligence (A) supervisory authority. However, there is no consensus yet whether it should be one or more authorities per member state. The European Parliament, in its proposal proposing the designation of a single national regulator, while the Council has proposed To allow multiple national regulators.

At least Spain, meanwhile, has the first AI supervisor in the European Union founded. The National Artificial Intelligence Supervisory Authority (Agencia Española de Supervisión de la Inteligencia Artificial, AESIA for short) should monitor and regulate the impact of AI on Spanish society. In doing so, the AESIA should develop risk assessment protocols, audit algorithms and data processing, and formulate binding rules for companies involved in the development and implementation of AI systems. The AESIA will also have a role in enforcing the AI Act. Also in the Netherlands, the Personal Data Authority already received supervisory powers over the use of algorithms.

In Belgium, the Data Protection Authority (GBA) the independent data protection regulator. The GBA monitors compliance with the GDPR and the Data Protection Act, which also apply to AI systems that process personal data. For now, the GBA has not been given a role in monitoring the use of algorithms in Belgium.

It will be waiting for the outcome of the negotiations in the trilogue (being between the European Commission, the European Parliament and the European Council) and what will be in the final text of the AI Act regarding the supervision of AI. This will also determine for Belgium the supervision of AI at the national level.