With the entry into force of the European Regulations on Artificial Intelligence (RIA), two important exemptions in relation to research must be taken into account.
The first is in Article 2.6: these regulations will not apply to AI systems or models that are developed and used exclusively for research and scientific development purposes.This means that an AI tool will be beyond the scope of the regulations when both conditions are met simultaneously, i.e., that both development and use have the sole purpose of scientific research and development.
In this regard, the exemption will not apply to tools that already exist on the market or have been implemented. For more clarity, see the examples on cases where the exemption operates or not.
This exemption facilitates the work of researchers, as also explained in recital 25, which states that the regulations must support innovation, respect scientific freedom, and not hinder research and development activities.
Applied research, which can be transferred to society and often involves the creation of AI systems to be transferred or marketed,is subject to the regulations because in this case the purpose is not just scientific.
The second reason for exemption is set out in Article 2.8: these regulations will not apply to any research, test or development activity relating to AI systems or AI models before its introduction to the market or commissioning.In other words, the regulations will not apply to AI tools while they are in the process of development, with the aim of not hindering technological development.
However, the exemption is no longer valid when the tool tested in real conditions, described in Article 3.57) as the temporary test of an AI system for its intended purpose outside a laboratory or other simulation environment, for the purpose of collecting data and evaluating the conformity of the AI system with the Regulations.