FISMA
U.S. federal law mandating risk-based cybersecurity programs
EU AI Act
EU regulation for risk-based AI safety and governance
Quick Verdict
FISMA mandates risk-based cybersecurity for US federal systems via NIST RMF, while EU AI Act regulates high-risk AI with conformity assessments and lifecycle controls. Organizations adopt FISMA for contracts, AI Act for EU market access and trust.
FISMA
Federal Information Security Modernization Act 2014
Key Features
- Mandates NIST RMF 7-step risk lifecycle
- Requires continuous monitoring and diagnostics
- Applies to agencies and contractors handling federal data
- Enforces annual IG independent maturity assessments
- Demands real-time major incident reporting
EU AI Act
Regulation (EU) 2024/1689 Artificial Intelligence Act
Key Features
- Risk-based classification of AI into four tiers
- Prohibitions on unacceptable-risk AI practices
- Conformity assessments and CE marking for high-risk
- GPAI model transparency and systemic risk duties
- Tiered fines up to 7% worldwide turnover
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
FISMA Details
What It Is
Federal Information Security Modernization Act (FISMA) of 2014 is a U.S. federal law establishing a risk-based framework for protecting federal information and systems. It modernizes the 2002 act, emphasizing continuous monitoring, incident reporting, and NIST standards for civilian executive branch agencies and contractors.
Key Components
- NIST RMF 7-step process: Prepare, Categorize (FIPS 199), Select/Implement/Assess (NIST SP 800-53 controls), Authorize, Monitor.
- Agency-wide security programs with roles for CIOs, CISOs, AOs.
- Oversight via OMB policy, DHS/CISA operations, annual IG assessments using maturity models.
- Metrics aligned to NIST Cybersecurity Framework functions.
Why Organizations Use It
Mandated for federal agencies/contractors handling federal data; reduces breach risks, ensures market access via FedRAMP. Builds resilience, enables informed risk decisions, enhances trust/reputation.
Implementation Overview
Phased RMF lifecycle with inventory, SSPs, POA&Ms, continuous monitoring. Applies to all federal sizes/industries; requires IG audits, no central certification but ATOs per system. (178 words)
EU AI Act Details
What It Is
The EU AI Act (Regulation (EU) 2024/1689) is a comprehensive EU regulation for artificial intelligence, directly applicable across Member States. It aims to ensure safe, transparent, and rights-respecting AI through a risk-based approach, tiering systems as unacceptable (prohibited), high-risk, limited-risk (transparency), or minimal-risk.
Key Components
- Prohibited practices (Chapter II), high-risk obligations (Chapter III: risk management, data governance, documentation, oversight, cybersecurity), transparency rules (Chapter IV), GPAI models (Chapter V).
- Lifecycle requirements with conformity assessments, CE marking, EU database registration.
- Built on product safety principles; enforced via hybrid governance (AI Office, national authorities).
Why Organizations Use It
- Mandatory for EU market access; fines up to 7% global turnover.
- Mitigates safety, rights risks; builds trust in sectors like healthcare, finance, employment.
- Enables competitiveness via compliance as market differentiator.
Implementation Overview
- Phased: prohibitions (6 months), GPAI (12 months), high-risk (24-36 months post-1 Aug 2024).
- Inventory/classify AI, build QMS/RMS, conformity, monitoring; for providers/deployers globally.
- Audits, post-market reporting; all sizes, high-impact industries.
Key Differences
| Aspect | FISMA | EU AI Act |
|---|---|---|
| Scope | Federal info systems security | High-risk AI systems lifecycle |
| Industry | US federal agencies/contractors | EU-wide AI providers/deployers |
| Nature | Mandatory US law/RMF framework | Mandatory EU regulation/conformity |
| Testing | Continuous monitoring/RMF assessments | Pre/post-market conformity assessments |
| Penalties | Contract loss/debarment/IG reports | Up to 7% global turnover fines |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about FISMA and EU AI Act
FISMA FAQ
EU AI Act FAQ
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