With general enforcement of the EU AI Act now live, ProSearch discusses classifying your eDiscovery workflows for EU AI Act readiness here.

In the blog post written by Odette Nazarian Claridge titled (wait for it!) EU AI Act Readiness for Corporate Legal: Classifying Your eDiscovery Workflows – PART ONE (available here), Odette notes that, as ProSearch deploys Legal Intelligence workflows for clients operating in the EU, one question comes up again and again: do any of these tools reach the EU AI Act and, if so, which ones? Corporate legal teams tend to assume the Act is aimed at generative applications like ChatGPT or Claude. But the Act defines an AI System far more broadly, and workflows that have been emerging in eDiscovery like automated image detection, automated redaction, and generative AI first-pass review can fall within its scope.

Odette notes: “as I worked through the Act in detail as Chair of the AI Governance Committee, I found that the definition itself was not the most interesting part. What caught my attention were the layers underneath it, the rationale for classification, the distinction between provider and deployer roles, and the way obligations attach based not just on the technology, but on how organizations use and modify it… That deeper analysis is rarely the focus of AI governance discussions, yet it is where many of the practical compliance questions for legal departments originate.”

So, what are the four tiers of the EU AI Act’s risk-based framework that drive the regulation’s approach to AI governance? Find out here, it’s only one click! Failing to click is risky!

Stay tuned for Part Two where Odette and ProSearch will examine the provider-versus-deployer distinction, explore the circumstances that can shift an organization from one category to the other, and walk through practical steps in-house teams can take to classify their eDiscovery tools and build a defensible compliance program under the EU AI Act!

So, what do you think? Is your organization classifying your eDiscovery workflows for EU AI Act readiness? Please share any comments you might have or if you’d like to know more about a particular topic.

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Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.