(BRUSSELS) – The EU Commission stepped up enforcement actions against Microsoft Monday giving the company till 27 May to provide information on risks stemming from Bing’s generative AI features.
The action follows an initial request for information sent on 14 March regarding features on ‘Copilot in Bing’ and ‘Image Creator by Designer’.
With today’s legally binding request for information, the Commission is asking Bing to provide internal documents and data that were not disclosed in Bing’s previous response.
The request for information is based on a suspicion that Bing may have breached the EU’sDigital Services Act (DSA) for risks linked to generative AI, such as so-called hallucinations’, the viral dissemination of deepfakes, as well as the automated manipulation of services that can mislead voters.
Under the DSA, designated services, including Bing, must carry out an adequate risk assessment and adopt respective risk mitigation measures. Generative AI is one of the risks identified by the Commission in guidelines on the integrity of electoral processes, in particular for the upcoming elections to the European Parliament in June.
If Bing fails to reply within the deadline, the Commission can impose fines up to 1% of the provider’s total annual income or worldwide turnover and periodic penalties up to 5% of the provider’s average daily income or worldwide annual turnover.
The Commission can also impose fines up to 1% of the provider’s total annual income or worldwide turnover for incorrect, incomplete, or misleading information in response to a request for information.
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