Bridging the Transparency Gap: A Comparative Analysis of The Right to Explanation Under the EU AI Act and the GDPR

Abstract

The integration of algorithmic decision-making into critical societal functions has precipitated a shift in the legal landscape, necessitating a robust framework for accountability. This research paper explores the evolving concept of the Right to Explanation within European Union law, specifically focusing on the transition from the General Data Protection Regulation (GDPR) to the recently enacted AI Act. While Article 22 of the GDPR initially established safeguards against automated processing, its effectiveness has been constrained by the inherent opacity of black box systems and judicial ambiguity regarding the depth of disclosure required. This study provides a comparative legal analysis of Articles 86 and 85 of the AI Act alongside the existing GDPR framework and relevant jurisprudence from the Court of Justice of the European Union, such as the Schufa case. It examines how the AI Act attempts to bridge the transparency gap by introducing a specific right to receive an explanation for decisions made by high-risk AI systems and establishing new procedural avenues for market surveillance. The paper argues that while the AI Act expands the scope of individual rights and shifts the regulatory focus toward systemic oversight, it also introduces new tensions between the need for technical clarity and the protection of commercial interests. Ultimately, the research assesses whether this dual-regulatory approach successfully resolves the technical-legal tension of algorithmic transparency or if the complexities of modern machine learning continue to challenge the core principles of due process and effective judicial protection in the digital age.