ARTICLE
16 February 2026

AESIA Introductory Guides To Support Compliance With The AI Act

KL
Herbert Smith Freehills Kramer LLP

Contributor

Herbert Smith Freehills Kramer is a world-leading global law firm, where our ambition is to help you achieve your goals. Exceptional client service and the pursuit of excellence are at our core. We invest in and care about our client relationships, which is why so many are longstanding. We enjoy breaking new ground, as we have for over 170 years. As a fully integrated transatlantic and transpacific firm, we are where you need us to be. Our footprint is extensive and committed across the world’s largest markets, key financial centres and major growth hubs. At our best tackling complexity and navigating change, we work alongside you on demanding litigation, exacting regulatory work and complex public and private market transactions. We are recognised as leading in these areas. We are immersed in the sectors and challenges that impact you. We are recognised as standing apart in energy, infrastructure and resources. And we’re focused on areas of growth that affect every business across the world.
In our second article on the new AESIA guides issued to assist in compliance with the AI Act, we address the first of the four blocks, Introductory Guides 1 and 2 – that offer a comprehensive and applied...
Spain Technology
Elena Valín’s articles from Herbert Smith Freehills Kramer LLP are most popular:
  • within Technology topic(s)
  • in Asia
  • in Asia
  • in Asia
  • in Asia
  • in Asia
  • in Asia
Herbert Smith Freehills Kramer LLP are most popular:
  • within Transport, Media, Telecoms, IT, Entertainment and Family and Matrimonial topic(s)
  • with Senior Company Executives, HR and Inhouse Counsel

In our second article on the new AESIA guides issued to assist in compliance with the AI Act, we address the first of the four blocks, Introductory Guides 1 and 2 – that offer a comprehensive and applied introductory understanding of the Act.

The key aspects of Guides 1 and 2 are set out below:

1. Guide 1 "Introduction to the AIA" provides a structured overview of the regulatory framework and addresses the following key points, among others:

  • Objectives of the AI Act;
  • Scope of application and exclusions: it sets out the main areas of exclusion under Art. 2 AIA, such as that the AIA does not apply to AI systems or models developed exclusively for scientific research and development, for military, defence-related or national security purposes, nor for non-professional personal use by individuals;
  • Risk: it explains the governance system based on the level of risk associated with each technology, including systems prohibited due to their unacceptable degree of risk, high-risk systems, and other systems – the bulk of the obligations fall on the first two categories;
  • Operators: the main obligations imposed by the AIA on the different operators, such as suppliers, deployers, importers and distributors; and
  • Fostering Innovation: in order to encourage responsible innovation, the guide highlights the role of regulatory sandboxes and offers bespoke conditions to facilitate the integration of small and medium-sized enterprises (SMEs) into the ecosystem.

2. Guide 2 "Practical guide and examples to help understand the AIA" aims to help understand the AIA by means of practical examples. This guide, in particular, provides examples that focus on "high-risk systems" such as work-based biometric identification AI systems, AI systems used in personnel management (promotion), or in the detection of false reporting. In addition, the guide highlights several general concepts and terms described in Art. 3 AI Act, which are crucial for a better understanding of the act as they are used throughout the other sandbox guides and materials. Most of these concepts and terms are accompanied by examples applicable to AI systems. Finally, the guide provides a summary of the obligations and roles imposed by the AIA on providers and deployers, linking them directly to the specialised technical guides (Guides 3 to 15) that elaborate on each specific requirement under the AIA.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More