The Risk of Regulatory Gaps in the AI Act

There is a risk that there will be a regulatory gap created by WHOA. This is basically because technical standards are being used to clarify and implement the axiscential requirements or the high risk requirements. The paper concludes that there seems to be a lack of expertise and legitimacy to make those questions that touch on fundamental rights issues for the decisions to be taken by standard setting bodies. So, we see two broad approaches that the EU could consider. One is the Bush Civil Society Participation and the Standard Setting Process. And secondly, there could be a way to introduce institutional innovations that would increase democratic control over essential requirements in the AI act.