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EU AI Law vs. Explainability: Research highlights critical gaps

A new systematic review of academic papers published since 2024 examines the gap between explainable AI (XAI) and the EU's Right to Explanation. The review found that only 19 out of 57 papers demonstrated substantial integration of both legal and technical perspectives, highlighting a lack of interdisciplinary synthesis. Key issues identified include misidentification of the GDPR legal basis, limited engagement with CJEU rulings like Dun & Bradstreet, and conflation of explanation form and content. The paper proposes a framework and research questions to address these challenges, aiming to ensure the Right to Explanation is technically realizable. AI

IMPACT Highlights potential non-compliance with EU AI regulations, impacting how companies must provide explanations for automated decisions.

RANK_REASON The item is a systematic review of academic papers on AI policy and law. [lever_c_demoted from research: ic=1 ai=0.4]

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EU AI Law vs. Explainability: Research highlights critical gaps

COVERAGE [1]

  1. arXiv cs.AI TIER_1 English(EN) · Benjamin Fresz, Elena Dubovitskaya, Marco F. Huber ·

    Explainable AI for the EU Right to Explanation: A Systematic Review of the Law-XAI Translation Gap

    arXiv:2608.02699v1 Announce Type: new Abstract: When algorithms make or influence consequential decisions---about loan eligibility, hiring, or healthcare---EU law grants affected individuals a Right to Explanation. Yet whether (and how) Explainable AI (XAI) can satisfy this right…