摘要（出版方所载原文摘要）

The risk-based approach of the AI Act (AIA) results in a complex normative structure, in which the applicable subset of rules for a specific AI system is determined by the general scope of application and the classification of the system into particular risk levels. A pyramid of risks, a widely accepted explanation of the risk-based approach proposed by the European Commission, fails to provide a comprehensive classification process and does not accurately reflect the risk levels (either directly or indirectly) recognized in the AIA or the relation between classification criteria. This paper proposes a corrective solution to rebuild the pyramid of risks. Given that each AI system must be classified into one risk level and the AIA assigns a specific subset of rules to each risk level, an adaptation of the Commission ’ s risk levels was necessary. Two types of exceptions are included in the list of prohibited AI practices, which significantly impact the classification process. The exception stricto sensu (in a strict sense) is the result of a balancing of interests, whereas the exception lato sensu (in a broader sense) is due to the absence of excessive regulatory risks. The transparency requirements, identified by the pyramid as a “ limited-risk level, ” operate in parallel with the risk-based approach and do not constitute an independent risk level. Furthermore, as the AIA assigns a specific subset of rules to AI systems used in critical areas that do not pose significant risks, it is necessary to recognize a separate risk level (non-high risk). By analyzing the pyramid of risks, this study suggests representing the classification process as a binary decision diagram. This ensures that the risk-based approach is clearly defined and can help regulators and regulatees classify AI systems in accordance with the AIA.

出处：Rebuilding the pyramid: The AI Act’s risk-based approach using a binary decision diagram，Computer Law & Security Review, Vol. 58 (2025), Art. 106189。

作者：Gustavo Gil Gasiola（德国卡尔斯鲁厄理工学院 KIT）

收录：SSCI 收录（Law 类）；据 WoS Journal Info 聚合页核验。

直链：10.1016/j.clsr.2025.106189 （DOI 解析；题录经 Crossref API 逐条比对一致）

主题：欧盟人工智能法与敏感数据治理