Artificial intelligence in various forms had been used for a number of tasks for some years, acknowledged by the publication in the UK of a ten-year National AI Strategy in 2021, followed up by a consultation paper on a 'pro-innovation' approach to AI in July 2022.

However, generative AI soon became 'the face' of artificial intelligence development, prompting further widespread review of whether existing laws and regulations were capable of responding to these new challenges. In March 2023, as part of its pro-innovation White Paper on AI regulation, the previous UK government acknowledged that existing "laws, regulators and courts already address some of the emerging risk posed by AI technologies," but gaps were present between existing regulatory remits.

The White Paper noted that although "intervention is needed to improve the regulatory landscape", the then-Conservative government believed this could be achieved by leveraging and building on existing regimes relying on existing regulators, each leveraging their expertise to oversee AI within their respective sectors., restricting any intervention to the aforementioned gaps, rather than introducing legislation or regulations specifically tailored for artificial intelligence.

Since the publication of the White Paper, the European Union has passed the AI Act, a detailed piece of legislation governing AI systems within the EU. This approach represents a marked contrast to the pro-innovation, principles-based approach currently in place in the UK.

However, political developments in 2024 suggested that the UK will experience a change in approach to AI regulation under a Labour government, albeit this is unlikely to take the form of a piece of legislation comparable in scope to the EU AI Act. To that end, the King's Speech stated the intention "to establish the appropriate legislation to place requirements on those working to develop the most powerful artificial intelligence models".

However, aside from this vague aim, there have been no further concrete developments at the time of writing. A consultation may be forthcoming. As part of the AI Opportunities Action Plan announced in January 2025, there was reference to the Department of Science, Industry and Technology consulting on legislation in Spring 2025 "to provide regulatory certainty… [for] the critical risks associated with the next generation of the most powerful AI models."

In light of this possibility, it is necessary to reflect on the current position of AI regulation in the UK, albeit acknowledging that further and frequent change can expected in the future.

Our linked document 'The Approach to Regulation of AI in the UK' provides a detailed overview of the current regulatory position covering artificial intelligence in the UK, including:

• Expectations in terms of future legislation that will have application to AI, including the Data (Use and Access) Bill
• Current guidance issued by a variety of sector regulators including the Information Commissioner's Office, the Competition and Markets Authority, and the Financial Conduct Authority, and
• How the courts have dealt with liability for AI to date

Please download our guide 'The Approach to Regulation of AI in the UK'