Source: Cooley

Cooley highlights a critique of the European Union's AI Act, referencing commentary by partner Patrick Van Eecke initially published in the Financial Times on November 21, 2025. The article suggests that the EU has "botched" its regulatory attempt by creating a law that is overly complex and burdensome, potentially stifling innovation rather than fostering the intended "trustworthy AI." Van Eecke argues that the European Commission's "fundamental error" was regulating AI as a static product—similar to traditional goods—rather than acknowledging it as a dynamic, ever-evolving process.

The commentary reflects growing industry backlash regarding the chaotic implementation of the Act, particularly the rushed inclusion of rules for general-purpose AI models like ChatGPT. Critics argue that the risk-based approach, while well-intentioned, has created a maze of compliance obligations that are difficult for companies to navigate. The piece indicates that instead of positioning Europe as a global leader in ethical AI, the legislation is increasingly viewed as a cautionary tale of placing premature and rigid regulation ahead of technological understanding and market readiness.