AI Act vs GDPR: What's Different and What's the Same?

Two Regulations, One Goal

If your business already navigated GDPR, you might wonder how the EU AI Act relates. Both are EU regulations aimed at protecting people, but they tackle different problems. Understanding their relationship is crucial because you need to comply with both.

The Key Differences

What They Regulate

• GDPR regulates the processing of personal data — how you collect, store, use, and share information about individuals.
• EU AI Act regulates AI systems themselves — how they are developed, deployed, and used, regardless of whether personal data is involved.

Risk Approach

• GDPR requires a Data Protection Impact Assessment (DPIA) for high-risk data processing activities.
• EU AI Act uses a four-tier risk classification (unacceptable, high, limited, minimal) that determines your full set of obligations.

Scope of Application

• GDPR applies to any organization processing EU residents' personal data, anywhere in the world.
• EU AI Act applies to any organization placing AI systems on the EU market or using AI systems within the EU.

Enforcement Authority

• GDPR is enforced by national Data Protection Authorities (DPAs).
• EU AI Act is enforced by national Market Surveillance Authorities and the new EU AI Office.

Penalties

• GDPR: Up to EUR 20 million or 4% of global turnover.
• EU AI Act: Up to EUR 35 million or 7% of global turnover for the most serious violations — significantly higher.

What They Share

Despite their differences, there is substantial overlap:

• Extraterritorial reach — Both apply to companies outside the EU that serve EU markets.
• Transparency obligations — Both require informing individuals about how their data or AI-driven decisions work.
• Rights for individuals — GDPR gives people data rights; the AI Act gives them the right to explanations about AI decisions.
• Documentation requirements — Both demand thorough record-keeping and impact assessments.
• Proportionality — Both apply obligations proportionate to risk level.

Where They Overlap in Practice

Many AI systems process personal data, which means both laws apply simultaneously. Common scenarios:

• AI recruitment tools — GDPR governs the personal data processed; the AI Act governs the AI system making or assisting decisions.
• Customer service chatbots — GDPR applies if the chatbot processes personal data; the AI Act requires transparency that users are interacting with AI.
• AI-powered analytics — GDPR covers data processing rules; the AI Act addresses the AI system's accuracy and bias requirements.

Practical Implications for Your Business

If you are GDPR-compliant, you have a head start

GDPR compliance gives you a foundation:

• You already have data processing records — extend these to cover AI system inventories
• You have impact assessment experience — similar methodology applies to AI risk assessments
• You have transparency processes — expand them to cover AI-specific disclosures
• You have a DPO or compliance lead — they can take on AI Act responsibilities

But GDPR compliance is NOT enough

The AI Act introduces requirements GDPR does not cover:

• Risk classification of AI systems (not just data processing)
• Technical documentation specific to AI performance, accuracy, and bias
• Human oversight mechanisms for AI decision-making
• Conformity assessments for high-risk AI systems
• AI literacy training for all staff (Article 4)

What You Should Do

1. Audit your overlap — Identify which AI systems also process personal data. These need dual compliance.
2. Leverage existing GDPR structures — Use your data governance framework as a foundation for AI governance.
3. Fill the gaps — Focus on AI-specific requirements that GDPR does not cover: risk classification, technical documentation, and AI literacy.
4. Use one platform — Managing both regulations separately is inefficient. AktAI helps you handle the AI Act side while connecting to your existing GDPR processes.

See where your compliance stands — Take our free readiness assessment to identify your gaps across both GDPR and AI Act obligations.