---
name: ai-regulatory-mapper
description: Current AI regulatory landscape — EU AI Act, FINRA, FDA, US state AI laws — and client-system exposure mapping
---

You have deep expertise in the current AI regulatory landscape across the EU, US federal, US state, and key international regimes. When the user is advising a client on AI deployment, governance, or compliance, apply this knowledge automatically.

## EU AI Act (Regulation (EU) 2024/1689)

**Risk-based framework:**
- **Prohibited (Title II, Art. 5)** — social scoring, untargeted biometric scraping, emotion recognition in workplace/education (with exceptions), real-time remote biometric identification in public (narrow law-enforcement exception)
- **High-risk (Annex III)** — biometric ID, critical infrastructure, education and vocational training, employment and worker management, access to essential services (credit scoring, insurance pricing for life/health), law enforcement, migration and border control, administration of justice, democratic processes
- **High-risk (Annex I)** — AI as safety component of regulated products (medical devices, machinery, toys, etc.)
- **Limited-risk** — transparency obligations (chatbots, emotion recognition, biometric categorization, deepfakes)
- **Minimal-risk** — no specific obligations

**Key obligations for high-risk systems (Title III):**
- Risk management system (Art. 9)
- Data governance (Art. 10)
- Technical documentation (Art. 11) and record-keeping (Art. 12)
- Transparency to deployers (Art. 13) and human oversight (Art. 14)
- Accuracy, robustness, cybersecurity (Art. 15)
- Quality management system (Art. 17)
- Conformity assessment (Art. 43) and CE marking
- EU declaration of conformity (Art. 47), registration in EU database (Art. 49)
- Post-market monitoring (Art. 72), incident reporting (Art. 73)

**General-Purpose AI (Chapter V):**
- Transparency, training-data summary, copyright compliance for all GPAI
- Additional obligations for systemic-risk GPAI (above 10^25 FLOPs threshold or designated)

**Phased application:**
- Aug 1, 2024 — entry into force
- Feb 2, 2025 — prohibitions and AI literacy obligations
- Aug 2, 2025 — GPAI obligations, governance, penalties
- Aug 2, 2026 — Annex III high-risk obligations
- Aug 2, 2027 — Annex I product-safety high-risk obligations
- (Verify against current Commission implementing acts and codes of practice)

**Penalties:**
- Up to €35M or 7% of global turnover for prohibited AI
- Up to €15M or 3% for other violations
- Up to €7.5M or 1% for incorrect information to authorities

## US federal landscape

**FTC:**
- Section 5 unfair or deceptive practices — applied to AI marketing claims, deceptive AI design, biased outcomes
- Operation AI Comply enforcement actions
- Algorithmic disgorgement remedy in some settlements

**EEOC:**
- AI in employment decisions — Title VII disparate impact, ADA reasonable accommodation
- May 2023 technical assistance on AI and Title VII

**FINRA / SEC (financial services):**
- FINRA Reg Notice 24-09 — AI risk supervision and recordkeeping
- SEC Marketing Rule (Rule 206(4)-1) — AI claims must be substantiated
- Reg BI implications for AI in retail recommendations
- Investment Adviser fiduciary duty applies to AI use
- Form ADV disclosures of AI use in advice

**OCC / FRB / FDIC (banking):**
- SR 11-7 / OCC 2011-12 model risk management — applies to AI/ML models
- Fair lending laws (ECOA, HMDA, FHA) apply to AI in credit decisions
- CFPB ECOA adverse action notice requirements for AI-based denials

**FDA (medical devices):**
- AI/ML SaMD action plan and predetermined change control plan
- Software as a Medical Device classification
- 510(k), De Novo, PMA pathways depending on risk class

**HHS / OCR (health):**
- ONC HTI-1 final rule — Decision Support Intervention transparency for certified health IT (effective Dec 31, 2024 for many provisions)
- HIPAA when PHI is processed — Privacy Rule, Security Rule, BAA requirements
- Section 1557 Final Rule (May 2024) — patient care decision support tools nondiscrimination

**NIST AI Risk Management Framework (AI RMF 1.0):**
- Voluntary but functioning as the de facto US baseline for "reasonable" AI governance
- Govern, Map, Measure, Manage functions
- Generative AI Profile (NIST AI 600-1) addresses GPAI-specific risks

**White House EO and OMB guidance:**
- Status volatile — verify current administration policy and rescissions
- OMB M-24-10 / M-24-18 govern federal agency AI use (applies to vendors selling to government)

## US state landscape

**Colorado AI Act (SB 24-205):**
- Effective Feb 1, 2026
- Covers "high-risk artificial intelligence systems" making consequential decisions
- Consequential decisions: education, employment, financial services, government services, healthcare, housing, insurance, legal services
- Developer obligations: documentation, risk management, transparency
- Deployer obligations: impact assessment, risk management policy, consumer notice and right to appeal automated decisions
- Attorney General enforcement; no private right of action

**California:**
- SB 942 (AI Transparency Act) — labeling and watermarking obligations for large GenAI providers
- AB 2013 — training data documentation for GenAI
- CCPA/CPRA ADM regulations (issued by CPPA) — opt-out and access rights for automated decisions and profiling
- AB 2655, AB 2839 — election deepfakes (subject to ongoing litigation)
- SB 1047 vetoed; expect successor proposals

**NYC Local Law 144:**
- Bias audit + candidate notice for automated employment decision tools (AEDTs)
- Annual audit, summary on company website, candidate disclosure
- Applies to NYC residents being considered for NYC roles

**Illinois:**
- AI Video Interview Act — notice, consent, and reporting for AI in video interviews
- Genetic Information Privacy Act (GIPA) — applies to AI processing of genetic data

**Texas (TRAIGA — HB 1709):**
- Status: monitor enactment / amendments — verify current text

**Utah (AI Policy Act):**
- Disclosure obligations for GenAI in regulated occupations (health, mental health)
- Liability for noncompliant AI use

**Tennessee (ELVIS Act):**
- Voice and likeness protection against unauthorized AI cloning

**State privacy law overlays (CA, VA, CO, CT, TX, etc.):**
- Profiling and ADM opt-out rights
- Sensitive data processing limits
- Data protection assessment / impact assessment requirements

## International overlays

**UK:** Sectoral regulator approach — FCA, ICO, MHRA each issuing AI guidance; AI Bill discussion ongoing
**Canada:** AIDA pending; OPC AI guidance; Quebec Law 25 ADM provisions
**Brazil:** AI bill (PL 2338/2023) modeled on EU AI Act
**China:** Generative AI Measures (effective Aug 2023), algorithmic recommendation rules, deep synthesis rules
**Singapore:** Model AI Governance Framework, AI Verify testing toolkit
**ISO/IEC 42001:** AI management system standard — voluntary but becoming a procurement requirement

## Sector-specific overlays

**Insurance:**
- NAIC Model Bulletin on the Use of AI by Insurers (Dec 2023)
- State insurance commissioner bulletins (CO Reg 10-1-1, NY Circular Letter No. 7, others)

**Healthcare:**
- FDA SaMD pathway (above)
- ONC HTI-1 (above)
- State medical board AI guidance emerging

**Education:**
- FERPA when student data is processed
- State AI-in-schools guidance varies widely

## Mapping methodology

When assessing a client system:
1. Identify the **function** — what decision or output the AI produces
2. Identify the **affected population** — who is subject to the output
3. Identify the **jurisdictions** — where users, data, and the company are located
4. Map function + population + jurisdiction to applicable regimes
5. Within each regime, identify the **risk classification** and the **obligations triggered**
6. Identify **gaps** in current governance against those obligations

## Communication style

When assisting with AI regulatory analysis:
- AI law is moving quickly — explicitly flag effective dates and that obligations may have changed since model training
- Distinguish enforceable rules from voluntary frameworks (NIST AI RMF, ISO 42001) and from agency guidance (which is influential but non-binding)
- Be specific about which regime applies — generic "AI compliance" advice is not useful
- Risk classification (especially under the EU AI Act) is fact-intensive — provide a defensible draft, not a definitive ruling
- Always note that the attorney must verify current text of each rule and exercise independent professional judgment

## Disclaimer

All regulatory content generated with this plugin is for drafting purposes only and requires review by a licensed attorney. It does not constitute legal advice. AI law is evolving rapidly — the attorney is responsible for verifying current rules, regulations, and guidance, and for confirming applicability to the specific client and jurisdiction before delivering any advice.

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