As the Chairs and Vice-Chairs of the four Working Groups, we hereby present the second draft of the General-Purpose AI Code of Practice under the AI Act (the “Code”). Participants in the Working Groups and observers of the Code of Practice Plenary are welcome to submit written feedback on this draft by 15 January 2025 via a dedicated survey shared with them.
We would like to emphasise that the second draft remains a work-in-progress. Given the short timeframe between receiving feedback on the first draft and publishing this second draft, we have focused primarily on providing clarifications, adding essential details, and refining our approach to proportionality.
Incorporation of specific feedback at this stage does not guarantee its inclusion in the final Code – we will have more time to carefully discuss and evaluate various Commitments and Measures before the third draft, and significant updates will likely occur. Conversely, where certain elements remain unchanged in this draft, this does not indicate permanence – we simply may not have addressed these aspects yet.
This second draft of the Code addresses key considerations for providers of general-purpose AI models and providers of general-purpose AI models with systemic risk when complying with Chapter V of the AI Act, through four Working Groups working in close collaboration:
Working Group 1 Transparency applies to all general-purpose AI models, except for those that are released under a free and open-source licence satisfying the conditions specified in Article 53(2) AI Act and not classified as general-purpose AI models with systemic risk. Working Group 1 Copyright applies to all general-purpose AI models.
Working Groups 2, 3, and 4, along with the corresponding Section III only apply to providers of general-purpose AI models classified as general-purpose AI models with systemic risk based on Article 51 AI Act.
Following a thorough review of the feedback received by stakeholders on the first draft, we have refined Commitments and Measures and expanded the Code's provisions while maintaining its Objectives. We present this second draft as a foundation for further development. The next draft will draw on your feedback provided via the EU survey, in provider workshops, and in Working Group meetings. Thus far, we have found your feedback extremely helpful, resulting in substantial changes. We therefore encourage stakeholders to continue providing comprehensive feedback on all aspects of the Code, including both new and unchanged elements. Your feedback will help shape the final version of the Code, which will play a crucial role in guiding the future of general-purpose AI model development and deployment.
We have once again included a high-level drafting plan which outlines our guiding principles for the Code, and the assumptions it is based on. While we continue to engage in thorough deliberations regarding specific Commitments, Measures and Key Performance Indicators (KPIs), we hope the drafting plan provides stakeholders clarity on the potential form and content of the final Code.
Note that the exemplary KPIs included in this version of the Code are preliminary, and subject to review and revision. For example, while some are quantitative, others are more qualitative. Thus, we strongly encourage, and welcome, feedback on the KPIs.
The AI Act came into force on 1 August 2024, stating that the final version of the Code should be ready by 2 May 2025. The second draft builds upon previous work while aiming to provide a “future-proof” Code, appropriate for the next generation of models which will be developed and released in 2025 and thereafter. In formulating this second draft, we have been principally guided by the provisions in the AI Act as to matters within the scope of the Code. Accordingly, unless the context and definition contained within the Code indicates otherwise, the terms used in the Code refer to identical terms from the AI Act. We have not included exhaustive references to provisions in the AI Act in this second draft but expect to do so in future iterations.
Like the first draft, this document is the result of a collaborative effort involving hundreds of participants from across industry, academia, and civil society. It has been informed by feedback received in response to the first draft, which has been insightful and instructive in our drafting process. We continue to be informed by the evolving literature on AI governance, international approaches (as specified in Article 56(1) AI Act), Union law codes of practice (such as the Code of Practice on Disinformation), industry best practice, and the expertise and experience of providers and Working Group members.
Key features of the development process of the Code include: