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Cited by 20Digitalization, Law, and RegulationEthics and Social Impacts of AIRegulation and Compliance Studies

Regulating AI: Challenges and the Way Forward Through Regulatory Sandboxes

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Yordanova, Katerina, Bertels, Natalie·2024·Law, Governance and Technology Series
DOI 10.1007/978-3-031-41264-6_23
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Abstract

Financial industry was the first filed where it became clear that we needed a new type of regulation, an evolutionary and anticipatory approach that can at least stand chance to mitigate the new risks posed by disruptive technologies such as artificial intelligence (AI). This approach took the shape of various tools, none of which has showed more prominence than the regulatory sandboxes. This rather young approach to regulation spread across various sectors and jurisdictions from FinTech to privacy and healthcare. The European Commission recognised the potential of the regulatory sandboxes as an increasing compliance mechanism but also as a way to facilitate innovation and thus included them as part of the draft regulation on artificial intelligence (the AI Act). In this article we analyse the potential of the regulatory sandboxes for regulating AI in the format envisioned in Article 53 and 54 from the draft AI Act and the challenges this approach could face based on the experience from earlier regulatory sandboxes involving AI products or services. We also aim to suggest some tailor-made solutions that would mitigate potential disadvantages of the regulatory sandboxes for AI, including how to balance the emerging ‘Innovation Principle’ and the protection of human rights.

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  • Regulatory sandbox allows policymakers to better understand disruptive technologies like AI before creating binding rules.

    “atoolthatallowspolicymakerstobetterunderstanddisruptivetechnologieslikeAI beforecreatingbindingrules[YordanovaandBertels,2024].”

    From A federated architecture for sector-led AI governance: lessons from India (2026) · cites this paper as Yordanova and Bertels, 2024

    Section 3, “Playing in the Sand” (page unavailable), says regulatory sandboxes give regulators insight into emerging technologies, including AI. It does not establish that this learning occurs before policymakers create binding rules; it also discusses sandboxes operating under existing rules. (LLM, conf=0.83)

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  1. Norvig P, Russell SJ (2010) Artificial intelligence: a modern approach, 3rd edn. Prentice-Hall Series in Artificial Intelligence. Pearson Education, Upper Saddle River

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Authors
Yordanova, K., & Bertels, N.
Affiliations
KU Leuven (BE)
Corresponding author
Yordanova, Katerina
Venue
Law, Governance and Technology Series
Publisher
Springer International Publishing
Published
2023-12-27
Pages
441-456
ISSN
  • 2352-1902 (ISSN-L)
  • 2352-1910
DOI
10.1007/978-3-031-41264-6_23
OpenAlex
W4390233864
Cited by
20
References
10
Citations by year
2026: 7 · 2025: 10 · 2024: 3
FWCI
97.73
Type
book chapter
Language
en
Open access
Licence
Locations
  • Law, governance and technology series (publishedVersion, cc-by)
  • Lirias (submittedVersion, cc-by)
Topics
  • Social Sciences › Law › Digitalization, Law, and Regulation
  • Social Sciences › Safety Research › Ethics and Social Impacts of AI
  • Social Sciences › Business, Management and Accounting › Strategy and Management › Regulation and Compliance Studies
Keywords
regulatory sandboxes, AI regulation, EU AI Act, innovation principles, human rights protection, financial regulation, fintech, disruptive technologies, innovation and regulation, AI risk mitigation

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