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Article 95

Codes of conduct for voluntary application of specific requirements

1.   The AI Office and the Member States shall encourage and facilitate the drawing up of codes of conduct, including related governance mechanisms, intended to foster the voluntary application to AI systems, other than high-risk AI systems, of some or all of the requirements set out in Chapter III, Section 2 taking into account the available technical solutions and industry best practices allowing for the application of such requirements.

2.   The AI Office and the Member States shall facilitate the drawing up of codes of conduct concerning the voluntary application, including by deployers, of specific requirements to all AI systems, on the basis of clear objectives and key performance indicators to measure the achievement of those objectives, including elements such as, but not limited to:

(a)

applicable elements provided for in Union ethical guidelines for trustworthy AI;

(b)

assessing and minimising the impact of AI systems on environmental sustainability, including as regards energy-efficient programming and techniques for the efficient design, training and use of AI;

(c)

promoting AI literacy, in particular that of persons dealing with the development, operation and use of AI;

(d)

facilitating an inclusive and diverse design of AI systems, including through the establishment of inclusive and diverse development teams and the promotion of stakeholders’ participation in that process;

(e)

assessing and preventing the negative impact of AI systems on vulnerable persons or groups of vulnerable persons, including as regards accessibility for persons with a disability, as well as on gender equality.

3.   Codes of conduct may be drawn up by individual providers or deployers of AI systems or by organisations representing them or by both, including with the involvement of any interested stakeholders and their representative organisations, including civil society organisations and academia. Codes of conduct may cover one or more AI systems taking into account the similarity of the intended purpose of the relevant systems.

4.   The AI Office and the Member States shall take into account the specific interests and needs of SMEs, including start-ups, when encouraging and facilitating the drawing up of codes of conduct.

Frequently Asked Questions

Codes of conduct outlined in Article 95 are voluntary guidelines designed for creators and users of AI systems, not classified as high-risk, to encourage adherence to important standards of responsibility, safety, ethics, and sustainability; they aim at ensuring AI systems are designed and used in ways consistent with societal values and best practices in the industry.
These AI codes can be created by individual companies that provide or use AI systems, industry associations, or both, often involving input from key stakeholder groups such as civic organizations, researchers, and academic institutions; collaboration is encouraged to make the guidelines practical, inclusive, and broadly acceptable among stakeholders involved in artificial intelligence.
AI codes typically focus on ethical practices, reducing environmental impact through energy-efficient AI techniques, improving AI literacy to enhance general knowledge and informed use, ensuring inclusivity and diversity in AI system design, and protecting vulnerable or disadvantaged individuals by designing AI solutions that address their specific needs and promote equality.
Article 95 specifically instructs Member States and the AI Office to take into account the particular needs and situation of small and medium-sized enterprises, including new companies, ensuring that drawing up AI codes of conduct remains accessible, practical, and advantageous for smaller businesses who may have fewer resources at their disposal.

AI literacy

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