Artificial Intelligence: regulation

The integration of artificial intelligence into the insurance sector is governed by two levels of regulation:

• rules specific to the insurance sector, such as risk management, transparency, and policyholder protection,
• national and international legal frameworks relating to AI, particularly in terms of data protection, ethics, and algorithmic responsibility.

Regulations such as the General Data Protection Regulation (GDPR), in force in the European Union, naturally in force when AI processes personal data. This is particularly the case for generative AI models, which are often trained on large data sets that may contain sensitive information.

European Regulation on Artificial Intelligence (AI Act)

In 2024, the European Union implemented a European Regulation on Artificial Intelligence (AI Act), which came into force in August.

The AI Act sets out a legal framework for the use of AI by classifying it based on risk levels. It imposes strict requirements on AI systems deemed to be high risk, prohibiting certain practices deemed unacceptable. This regulation applies to all sectors using artificial intelligence, including insurance.

The aim is to ensure that AI is responsible, transparent, and respectful of fundamental rights within the European Union.

The Colorado Artificial Intelligence Act (CAIA)

In the United States, regulation of the use of artificial intelligence (AI) in the insurance sector has not yet been harmonized at the federal level, but it is evolving rapidly through various initiatives.

The Colorado Artificial Intelligence Act (CAIA), enacted on 17 May 2024, and applicable in Colorado as of 1 February 2026, strictly regulates high-risk AI systems.

This law, which could eventually be extended to other states in the Union, pertains to companies that create or use AI that has an impact on people's fundamental rights or their access to essential services, such as in the financial sector.

The proposed regulation of AI use in Brazil

In Brazil, Bill 2338/2023 on artificial intelligence was approved by the Senate in December 2024.

The provision aims to establish a comprehensive legal framework around security, transparency, and the protection of human rights. It provides, in particular, for the classification of AI systems according to their level of risk to human life or fundamental rights.

Chinese regulations on artificial intelligence

China has implemented progressive regulations to govern the use of AI, covering the protection of personal data, the regulation of algorithms, the fight against deepfakes, and the supervision of generative AI.

The data protection regulation, enacted in 2021, marked the first binding regulatory framework. In the same year, the country published its first set of guidelines on artificial intelligence ethics. Since then, several pieces of legislation have been introduced.

The most recent law was published by the Cyber Administration of China (CAC) in April 2023 with a view to regulating generative AI.