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GenAI: Overview of National and European legislation and guidelines

If, as a researcher, you want to employ AI for or incorporate it into your research, you must consider several factors. One such factor comprises national and international legislation and guidelines. Depending on where you would conduct your research, you need to consider national (Belgian) and European legislation and guidelines.

National legislation and guidelines

Currently, Belgian legislation regarding AI is still quite limited. However, a Flemish Artificial Intelligence Plan was launched in 2019 and the National Convergence Plan for the Development of Artificial Intelligence followed in 2022 . Guidelines are also offered as part of the Flemish AI Strategy. For further information and recommendations at Flemish level, consult the websites of VLAIO and the Knowledge Centre Data & Society.

European legislation and guidelines

At the European level, the AI Act is of great importance. The AI Act is the first comprehensive legal framework related to AI and aims at making Europe a global leader in trustworthy AI.

Would you like to explore the AI Act or find out how it applies to your research? Then you can consult the Future of Life Institute's (FLI) website on The EU Artificial Intelligence Act. Here you will find both an AI Act Explorer and a Compliance Checker. Do not rely solely on this, but do make sure you also go through the AI Act itself. However, this can serve as a support tool to get a preliminary impression.

The AI Act is part of a broader set of policies to support the development of trustworthy AI. The following guidelines are of great importance:

Ethics Guidelines for Trustworthy AI (2019)

These guidelines date from 2019, but are still relevant and still being referenced. They focus mainly on the development of trustworthy AI, but most of the principles and observations also apply to the deployment and use of AI. They describe (1) the fundamental rights and four underlying ethical principles, (2) the seven key requirements of trustworthy AI and the (non-)technical methods to achieve it, and (3) an assessment list (test version). These guidelines are available in a range of languages.

Assessment List for Trustworthy Artificial Intelligence ("ALTAI", 2020)

This tool supports the implementation of the seven key requirements outlined in the Ethics Guidelines for Trustworthy AI. It constitutes a checklist of reflective questions that may assist developers and users of AI to implement these principles in practice.

Living Guidelines on the Responsible Use of Generative AI in Research (2024)

These research-oriented guidelines are based on the 2019 guidelines and the European Code of Conduct for Research Integrity by All European Academies (ALLEA). These guidelines focus rather on the responsible use of GenAI (rather than its development) in research. It contains concrete recommendations for and regarding (1) researchers, (2) research organisations and (3) research funding organisations.

The European Code of Conduct for Research Integrity (most recent update in 2023)

This code of conduct (also called ALLEA code) discusses the four fundamental principles of scientific integrity (trustworthiness, honesty, respect, accountability), good research practices and the risk of scientific integrity violations. These guidelines are also available in several languages. It advises that researchers report their results and methods, including the use of external services or AI and automated tools, in a way that is consistent with accepted norms of the discipline and facilitates verification or replication, if applicable.

Want to learn more about the ALLEA code? Click here.

Need more information about AI?

Quite a lot of information regarding the use of AI, from different perspectives and with different objectives, is already available at Ghent University.

More information regarding (Gen)AI and research?