EU AI Act under the microscope: why digital regulation and innovation go hand in hand

During the creation of the AI Act, many AI providers called for restrained regulation. As with the introduction of the GDPR, the argument was made that regulation would slow down innovation. Meanwhile, some are even arguing for the postponement of the AI Act, partly because of the lack of further elaborations and technical standards, and the alleged inhibiting effect on innovation.[1] But how justified is that? This blog examines whether that concern is well-founded, or mainly an occasional argument.

August 13th, 2025   |   Blog   |   By: Friso Spinhoven

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EU AI Act onder de loep waarom digitale regulering en innovatie goed samengaan

Does regulation inhibit innovation?

Proponents of less regulation argue that too many rules slow down innovation in the technology sector. If the government imposes too many restrictions, companies would have less freedom to grow and develop new products. This idea is especially popular in the United States (US), where regulation is relatively limited.  

The European Union (EU) has a different approach: stricter rules apply here, for example in the areas of privacy (GDPR), online content (Digital Services Act) and artificial intelligence (AI Act). Critics argue that it is precisely this strict regulation that is the reason why Europe has produced few large tech companies. But is that really the case?

Anu Bradford [2], professor at Columbia Law School, among others, calls this too simplistic an explanation. According to her, rules are not necessarily detrimental to innovation. In fact, smart regulation can actually encourage companies to innovate better. The absence of large European tech companies is therefore not only due to rules, but to other important factors that are explained below.

How do the US and EU differ in their approach to AI regulation?

In the US, people strongly believe in free markets. The government intervenes as little as possible, assuming that companies regulate themselves. This gives them the space to grow and scale up quickly. In the EU, the emphasis is on monitoring the balance between the interests of technology providers and users. That is why rules have been introduced that protect personal data, promote fair competition and combat harmful content online. These regulations reflect European values such as justice, democracy and human rights. Consider, for example, the ban on manipulative AI systems and the transparency obligations under the AI Act.

But regulation is not the only reason why Europe lags behind the US when it comes to technological innovation. The EU is made up of many countries with different legal systems, languages and cultures. That makes it harder for companies to scale up quickly, unlike the more unified US market.

An important cultural difference is in the willingness to invest. In the US, there is a lot of venture capital available for new ideas, while European investors are generally more cautious. Also, failing as an entrepreneur is more often seen as something negative in Europe, while in the US it is viewed differently. Bankruptcy laws are more lenient there, which encourages risk-taking. Finally, top American universities attract a lot of technical talent. Europe is struggling with this, which limits the growth of the tech sector. These factors are at least as decisive – if not more decisive – for the success of the tech sector than differences in regulations.

Moreover, legislation can actually stimulate innovation, especially if the rules are clear. For example, competition rules create room for new players. And clear frameworks provide legal certainty, which actually strengthens the investment climate.

Why regulation and innovation don't have to be a contradiction

The idea that governments have to choose between regulation or innovation is therefore a false contradiction. The US does not have to worry that rules undermine its technological advantage, and Europe can continue to regulate without hindering innovation. The following applies to both: continue to invest in innovation and talent, and ensure smart rules that keep technology fair and safe.  

It is time to look differently at the relationship between technology and legislation. Instead of asking, "Should we regulate or innovate?", we should ask, "How can we do both well?"

Rules do not make innovation impossible. They give direction to innovation – a direction that not only contributes to profit, but also to social value. With the right balance, we are building a digital world that is both powerful and equitable.

Footnotes

[1] The European Commission has also indicated that the entry into force of the AI will take place as planned; see EU sticks with timeline for AI rules

[2] Anu Bradford, The false choice between digital regulation and innovation