AI Regulation in Northern Ireland

In March 2025, the European Commission proposed extending parts of the EU Artificial Intelligence Act (AI Act) to Northern Ireland. While framed as a technical alignment under the Windsor Framework, the proposal has triggered political and legal complexities due to Northern Ireland’s unique post-Brexit status.

The Legal and Historical Context

Northern Ireland holds a special position within the United Kingdom. Following the Good Friday Agreement (1998), maintaining an open, invisible border with the Republic of Ireland became a cornerstone of peace and political stability. When the UK left the EU, this raised a fundamental challenge: how to avoid a hard border on the island of Ireland while also allowing the UK to diverge from EU rules.

The solution was the Northern Ireland Protocol, later modified by the Windsor Framework (2023). Under this arrangement, Northern Ireland remains aligned with certain EU single market rules for goods, while remaining part of the UK customs territory. As a result, some EU laws still apply in Northern Ireland, but only when listed in Annex 2 of the Windsor Framework, and only with the agreement of both sides.

This hybrid arrangement creates a dual regulatory environment: UK laws apply, but so can EU laws—in defined areas and with limitations. The AI Act proposal represents the latest test of how far this arrangement can stretch.

What This Could Mean for AI in Northern Ireland

For now, businesses exporting AI-related products or services into the EU may already be complying with EU rules—the “Brussels Effect”.

But looking ahead, the real risk is regulatory divergence. The EU AI Act is a risk-based, comprehensive regime covering providers, deployers, importers, and distributors of AI systems—with direct obligations even for internal use of high-risk systems. Meanwhile, the UK is prioritising a flexible framework over comprehensive legislation, with an emphasis on sector-specific regulation and guidance delivered through existing regulators.

The implications of applying the EU AI Act in Northern Ireland are as much political as they are regulatory. At the heart of the issue lies the question of sovereignty, alignment, and identity — whether Northern Ireland should follow evolving EU rules or stay in lockstep with broader UK policy. The proposal has reignited sensitivities around post-Brexit governance and the balance of power between Brussels, London, and Belfast. For Unionist parties in particular, any extension of EU law is viewed as further divergence from the UK, making the AI Act a flashpoint in a much broader constitutional debate.

AI and Product Safety

In addition to the proposed application of the AI Act, it's worth noting that the EU General Product Safety Regulation (GPSR) 2023/988 is already in force in Northern Ireland. The GPSR expands the concept of product safety to include risks associated with new technologies, including AI.

Next Steps

This application would not be automatic — it requires agreement via the EU-UK Withdrawal Agreement Joint Committee and would be subject to UK domestic processes outlined in Schedule 6B to the Northern Ireland Act 1998.

The UK Government has acknowledged the complexity of the AI Act and the need for further dialogue to fully assess its implications within the context of the Windsor Framework. At present, the UK is reviewing the proposal and has committed to continued, structured engagement with the EU before any decisions are made.

PRIVINOTCH will keep you informed on future developments.