In the last decade, artificial intelligence (AI) – which describes the mimicking of human intelligence using technology – has made significant progress. Driven by algorithmic design, computing power and large amounts of training data, machine learning has transformed information technology, which can now augment and replace human intelligence, something that was thought impossible just a decade ago. In 2018, the European Commission labelled AI a transformative technology with the potential to raise new ethical and legal questions. Now, with the advent of generative AI, which can create content that could previously only be created by human beings, this potential has become visible to the wider public. At the same time, the European Commission’s proposal for an Artificial Intelligence Act (AIA) (which is now entering the final legislative stage) indicates its intentions to regulate AI. This comment wishes to highlight some key points regarding the regulation of artificial intelligence and, in doing so, comment on the current proposal.