EveryAILaw.comDoes Framework Convention on AI, Human Rights, Democracy and Rule of Law (CETS 225) require Risk Assessment?
Council of Europe • enacted
Yes — 1 provision
Requirements at a glance
This regulation imposes 5 specific requirements for Risk Assessment across 1 provision:
- Lifecycle risk measures — Each Party must adopt or maintain measures to identify, assess, prevent and mitigate AI-system risks to human rights, democracy and the rule of law (Art. 16(1))
- Graduated approach — Party measures account for context, intended use, severity and probability; they apply iteratively and include monitoring of risks and adverse impacts (Art. 16(2)(a)-(e))
- Risk documentation — Party measures include documentation of risks, actual and potential impacts, and the management approach (Art. 16(2)(f))
- Pre-use testing — Party measures require testing before first use and when significantly modified, where appropriate (Art. 16(2)(g))
- Moratoria assessment — Each Party assesses the need for a moratorium, ban or other measure for uses it considers incompatible with human rights, democracy or the rule of law (Art. 16(4))
Risk and Impact Management (Article 16)
Article 16 directs Parties to adopt graduated, context-sensitive risk measures and assess whether uses they consider incompatible with human rights, democracy or the rule of law warrant a moratorium, ban or other measure. Its operation depends on treaty entry into force and Party implementation.
Requirements
| Requirement | Details |
|---|---|
| Lifecycle risk measures | Each Party must adopt or maintain measures to identify, assess, prevent and mitigate AI-system risks to human rights, democracy and the rule of law (Art. 16(1)) |
| Graduated approach | Party measures account for context, intended use, severity and probability; they apply iteratively and include monitoring of risks and adverse impacts (Art. 16(2)(a)-(e)) |
| Risk documentation | Party measures include documentation of risks, actual and potential impacts, and the management approach (Art. 16(2)(f)) |
| Pre-use testing | Party measures require testing before first use and when significantly modified, where appropriate (Art. 16(2)(g)) |
| Moratoria assessment | Each Party assesses the need for a moratorium, ban or other measure for uses it considers incompatible with human rights, democracy or the rule of law (Art. 16(4)) |
Penalties
| Violation | Fine |
|---|---|
| Non-compliance | No direct supranational fine; Party implementation and oversight mechanisms determine applicable domestic consequences after entry into force |
Sources: CETS 225 Convention Text (PDF)