Data Protection lawyers with 50+ years of experience
This online tool enables a systematic categorization of software as AI-System based on a 3-Factor Approach. It assesses whether a system relies on large datasets and experiential knowledge, optimizes itself independently, and produces indeterminate results. Based on these criteria, it distinguishes AI systems from conventional software and determines whether the system qualifies as AI under the AI Regulation.
Factor I: Data & Experiential Knowledge
Is the system trained on large datasets?
e.g., training datasets for machine learning
Is specific experiential knowledge incorporated into the development?
e.g., encoding of expert rules or domain-specific algorithms
Are data from ongoing operations used for further development?
e.g., feedback loops or A/B testing
Does the system rely on statistical analyses of historical data?
e.g., trend detection or pattern analysis
Factor II: Goal-Oriented Optimization
Does the system perform complex optimizations during runtime?
e.g., adaptive algorithms or reinforcement learning
Does the system automatically adapt to new situations?
e.g., autonomous adjustment of parameters
Does the system use goal-seeking or optimization algorithms?
e.g., search for optimal solutions to complex problems
Does the processing go beyond simple if-then rules?
e.g., complex decision trees or neural networks
Factor III: Output Indeterminacy
Is there significant discretion in the system's results?
e.g., different but equally valid solutions possible
Does the system generate creative or unpredictable outputs?
e.g., text generation or image creation
Are the results based on probabilities or estimates?
e.g., predictions or recommendations
Can the results be interpreted differently by people?
e.g., subjective assessments or evaluations
Assessment result
Based on the provided data, the system has been evaluated using the 3-Factor Approach. The assessment considers the role of data and expert knowledge, the ability for goal-oriented optimization, and the degree of output vagueness.
Data & Experiential Knowledge
0 / 18
Low
Goal-Oriented Optimization
Output Indeterminacy
This assessment serves as an initial orientation. For a legally binding evaluation and a detailed review of your specific use cases regarding the obligations under the EU AI Act please contact us.
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