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Strategic competitiveness between the EU and the United States in artificial intelligence development – human capital, legal frameworks and data

Aug 2026 · Kortowski Przegląd Prawniczy · 0 citations · 33 references

Abstract

This article analyzes the level of strategic competitiveness of the European Union and the United States in the development of artificial intelligence based on three key factors determining the development of this technology: the availability of human capital, the regulatory environment, and access to data. The analysis is based on M. Draghi’s Report on the competitiveness of the European economy, which is compared with US federal law and strategic documents of the US administration. The article reviews selected legal acts and public documents regulating the development of AI in both jurisdictions, with particular emphasis on the EU AI Act, the GDPR, and selected US federal laws regarding data management and AI development policy. The analysis found that the EU regulatory model focuses primarily on the protection of fundamental rights and risk management related to the use of AI, while the US approach places a greater emphasis on supporting technological innovation, public-private sector collaboration, and broad access to data. Consequently, a more flexible legal environment in the United States promotes the faster commercialization of AI technologies and strengthens their competitive advantage. The article also presents recommendations for strengthening the EU’s potential in the area of human capital, simplifying regulation, and increasing the availability of data for the development of AI systems.

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