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EU: Commission issues legally binding request for information to Microsoft on generative AI risks of Bing
On May 17, 2024, the European Commission announced that it issued a legally binding request for information to Microsoft regarding specific risks stemming from Bing's generative artificial intelligence (AI) features, notably 'Copilot in Bing' and 'Image Creator by Designer,' under the Digital Services Act (DSA). This request for information follows a non-response to the request for information from March 14, 2024.
In particular, the Commission noted that the request is based on the suspicion that Bing may have breached the 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.
The Commission highlighted that if Bing fails to reply by May 27, 2024, the Commission may 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 for incomplete or misleading information in response to a request for information.
You can read the press release here.