On April 9, 2025, the European Commission presented its ambitious “Action Plan for the AI Continent,” aiming to position the EU as a global leader in this strategic field. The plan is built upon five fundamental pillars:
1. Large-Scale Computing and Data Infrastructure
2. Access to High-Quality Data
3. Development and Adoption of AI in Strategic Sectors
4. Strengthening Skills and Talent
5. Regulatory Simplification.
Behind these ambitions, two aspects deserve particular attention from a legal perspective:
📊 DATA ACCESS: OPPORTUNITY OR A SNAKE PIT?
The creation of “data labs” within AI factories and the launch of a “Strategy for the Data Union” in 2025 raise significant legal issues. Although access to vast amounts of quality data is indispensable for developing European AI, recent U.S. litigations (Meta, OpenAI) remind us of the inherent risks of massive data exploitation:
- How can the legality of collecting and using such massive data be ensured, particularly under the GDPR and copyright/trade secret laws, especially when litigation is on the rise?
- What legal definition should be assigned to “high quality”?
- What mechanisms can be implemented to prevent and rectify potential algorithmic biases within these datasets?
- What governance framework should be established for these “data labs” and the “Data Union” to ensure security, traceability, and compliance?
- … and other considerations that might be missing
📝 REGULATORY SIMPLIFICATION: PROMISE OR MIRAGE?
The announcement of an “AI Legislation Assistance Service” for the summer of 2025 inspires both hope and skepticism. Given the EU’s mixed track record in administrative simplification, will it truly be able to streamline the implementation of the AI Act? How will this “simplification” be concretely integrated with other major legislative texts (GDPR, Data Act, DSA, DMA…)? The risk of increased complexity arising from the interaction of these regulations is real.
💡 IMPACT ON DAILY PRACTICE
Beyond the announcements, this action plan will transform everyday professional practice:
- A surge in public consultations (currently open until June 4, 2025)
- The emergence of a new sector-specific legal framework for data and AI
- The necessity for proactive regulatory monitoring regarding its applications
The European dual approach, which combines a strict regulatory framework with massive investments—particularly for AI gigafactories—will inevitably create legal tensions.
📈 PERSPECTIVES AND CHALLENGES
While this action plan represents an ambitious response to the challenges posed by AI, its success will largely depend on its effective implementation and the ability of the legal framework to evolve sensibly. (Nothing is less certain 😵).
Source : https://digital-strategy.ec.europa.eu/en/library/ai-continent-action-plan
