No. 153: Innovation under a Dual Regulatory Burden? The Interplay of the EU Artificial Intelligence Act and the General Data Protection Regulation: Regulatory Overlaps, Conflicts, and Compliance Challenges for AI Systems

Abstract

This thesis argues that applying the GDPR and the EU AI Act concurrently to AI systems creates a dual regulatory burden, but not irreconcilable conflicts often feared. Whenever an AI system processes personal data, both regimes apply: the GDPR as a rights-based data protection law and the AI Act as a risk-based product safety law. Since the AI Act leaves the GDPR unaffected, except for two narrow exceptions, and neither is a lex specialis, the two operate cumulatively and in parallel. Applying a conflict-of-norms framework that distinguishes between harmonious overlaps, pre-resolved tensions, actual tensions, and genuine conflicts, this thesis examines each point of contact between the two regimes. No genuine conflicts emerge: simultaneous compliance is always possible, and the residual friction takes the form of tensions, concentrated where the AI Act’s acceptance of residual risk meets the GDPR’s non-disposable rights. The available interface clauses and contractual tools make the burden manageable rather than prohibitive. However, many interpretational uncertainties remain unsolved.

Details

Author(s):
  • Timo Tutschek
Publish Date:
October 29, 2026
Publication Title:
European Union [EU] Law Working Papers
Publisher:
Stanford Law School
Format:
Working Paper
Citation(s):
  • Timo Tutschek, Innovation under a Dual Regulatory Burden? The Interplay of the EU Artificial Intelligence Act and the General Data Protection Regulation: Regulatory Overlaps, Conflicts, and Compliance Challenges for AI Systems, EU Law Working Papers No. 153, Stanford-Vienna Transatlantic Technology Law Forum (2026).
Related Organization(s):

Other Publications By