The focus of the event was the European Law Institute's (ELI) response to the European Commission's consultation on the definition of AI systems and prohibited practices under the AI Act (ELI_Response_on_the_definition_of_an_AI_System.pdf).
A key topic of discussion was the "Three-Factor Approach", developed by Prof. Christiane Wendehorst and Bernhard Nessler, which aims to provide a clearer distinction between AI systems and other IT systems. In 2024, they published an article on this approach, titled "The Concept of an 'AI System' under the New AI Regulation – Proposal for a 'Three-Factor Approach' to Resolve Legal and Technical Inconsistencies". (Supplement volume 7 of MMR, Zeitschrift für IT-Recht und Recht der Digitalisierung MMR 2024 Heft MMR-Beilage - beck-online).
