2024/11/28 by David Hartmann, José Renato Laranjeira de Pereira, Chiara Streitbörger +1 · 1 voice · 2 citations
Social Sciences · Computer Science · Business, Management and Accounting · #Ethics and Social Impacts of AI #Law, AI, and Intellectual Property #Regulation and Compliance Studies
paper · pdf · doi:10.1007/s43681-024-00595-3
openalex publication_date 2024/11/28 · openalex created_date 2025/10/10 · openalex updated_date 2026/07/29
Abstract The European legislature has proposed the Digital Services Act (DSA) and Artificial Intelligence Act (AIA) to regulate platforms and Artificial Intelligence (AI) products. We review to what extent third-party audits are part of both laws and how is access to information on models and the data provided. By considering the value of third-party audits and third-party data access in an audit ecosystem, we identify a regulatory gap in that the AIA does not provide access to data for researchers and civil society. Our contributions to the literature include: (1) Defining an AI audit ecosystem incorporating compliance and oversight. (2) Highlighting a regulatory gap within the DSA and AIA regulatory framework, preventing the establishment of an AI audit ecosystem that has effective oversight by civil society and academia. (3) Emphasizing that third-party audits by research and civil society must be part of that ecosystem, we call for AIA amendments and delegated acts to include data and model access for certain AI products. Furthermore, we call for the DSA to provide NGOs and investigative journalists with data access to platforms by delegated acts and for adaptions and amendments of the AIA to provide third-party audits and data and model access, at least for high-risk systems. Regulations modeled after EU AI regulations should enable data access and third-party audits, fostering an AI audit ecosystem that promotes compliance and oversight mechanisms.