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GDPR and AI Act: Compliance challenges for European banks

European banks face increasing compliance challenges due to the GDPR and the AI Act. Data management, transparency, and accountability are crucial for the successful integration of AI, while ensuring the protection of fundamental rights and compliance with regulatory requirements.

GDPR and AI Act: Compliance challenges for European banks

European banks are facing increasing compliance challenges due to the implementation of the General Data Protection Regulation (GDPR) and the AI Act . These regulations aim to protect fundamental rights and enhance transparency and accountability in processes that use artificial intelligence (AI) . Compliance with the GDPR and the AI Act is not only a legal obligation but also a strategic necessity for banks operating in the European market .

The GDPR, which came into effect in 2018, imposes strict rules on the collection, processing, and storage of personal data . Banks must ensure they have explicit consent from their customers to process their data and that this data is protected from unauthorized access . Furthermore, customers have the right to request access to their data, rectify it, or have it erased, also known as the "right to be forgotten" .

The AI Act, on the other hand, aims to regulate the use of artificial intelligence, setting strict requirements for AI systems considered high-risk . In the financial sector, this includes systems used for creditworthiness assessments, fraud detection, and insurance pricing . These systems must be transparent, subject to human oversight, and non-discriminatory . Banks must ensure that the AI systems they use are accurate, reliable, and do not violate the fundamental rights of citizens .

The challenges for European banks are manifold. First, they need to integrate the requirements of the GDPR and the AI Act into existing governance and risk management structures . This requires significant investments in technology, training, and human resources . Second, they must ensure that the data used to train AI systems is accurate, unbiased, and representative of the population they serve . Third, they must be able to explain how AI systems work and how decisions are made, in order to ensure transparency and accountability .

Banks that do not comply with the GDPR and the AI Act face significant penalties, including fines of up to 7% of global annual turnover or €35 million, whichever is greater . In addition, non-compliance can lead to a loss of customer trust and damage to the bank's reputation .

To address these challenges, European banks must adopt a holistic approach to compliance, which includes:

  • Developing a comprehensive AI strategy that integrates the requirements of the GDPR and the AI Act .
  • Creating a robust governance framework that ensures AI systems are trustworthy, unbiased, and explainable .
  • Investing in the education and training of staff, so they understand the requirements of the GDPR and the AI Act and are able to apply them in practice .
  • Collaborating with regulatory authorities to exchange information and better understand the requirements .

By adopting a proactive and responsible approach, European banks can turn compliance challenges into opportunities to strengthen customer trust, improve risk management, and gain a competitive advantage .

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