The Mixed Nature of the AI Act: Product Safety and Fundamental Rights Regulation

The European Unionʼs AI Act embodies a dual regulatory approach, balancing product safety with the protection of fundamental rights. Initially focused on ensuring the safety of AI systems, the AI Act has increasingly broadened its scope to address the impact of AI on European values. Unlike traditional product regulations, which focus on physical harm, AI systems also introduce risks related to fundamental rights and democracy such as discrimination and surveillance. However, this dual approach presents regulatory complexities, as product safety regulations are based on technical compliance and standardised assessments, whereas the concerns related to fundamental rights and democracy are often context-dependent. This chapter examines the evolution of this dual nature in the AI Act and the challenges of coordinating these objectives within a coherent regulatory framework. It further explores potential aspects to reconcile safety and rights protection.