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Artificial Intelligence Act (Valid from 2024-08-01): Horizontal EU regulation setting risk-based rules for AI systems and general-purpose AI models, applying in stages from 2 February 2025 to 2 August 2028 as amended by Regulation (EU) 2026/1744.
6 instruments (6 current) · 5 obligations · 7 claims · 14 milestones
Instruments
- Artificial Intelligence Act Valid from 2024-08-01
Horizontal EU regulation setting risk-based rules for AI systems and general-purpose AI models, applying in stages from 2 February 2025 to 2 August 2028 as amended by Regulation (EU) 2026/1744.
- Commission Guidelines on prohibited AI practices Valid from 2025-02-04
Commission guidance on AI practices deemed unacceptable under Article 5 of the AI Act.
- Commission report under Article 112(1) of the AI Act on reviewing prohibited practices and Annex III Valid from 2026-05-20
Commission review of the prohibited-practices and Annex III lists; flags a potential gap for AI-generated CSAM and non-consensual intimate content.
- Danish Act supplementing the AI Regulation Valid from 2025-08-02
Danish act designating national competent authorities, giving them information and inspection powers and setting fines for Article 5 breaches.
- Digital Omnibus on AI Valid from 2026-07-27
Amends the AI Act timeline, adds Article 5 prohibitions on non-consensual intimate deepfakes and CSAM-type material, replaces Article 4 and adjusts sandbox and AI Office powers.
- Platform Work Directive Date not recorded
Gives platform workers transparency about, and limits on, automated monitoring and decision-making systems.
Obligations
- Article 5(1) (first subparagraph points (a)-(h))
The placing on the market, putting into service or use of the listed AI practices is prohibited.
- Article 1(7), inserting Article 5(1)(ba) and (bb)
The placing on the market, putting into service or use of AI systems that generate or manipulate realistic intimate or sexually explicit material of an identifiable person without consent (and the CSAM-type practice in point (bb)) is prohibited.
- Section 10(1)(1)
Infringement of Article 5(1)(a)-(g) of the AI Regulation is punishable by a fine unless a higher penalty applies under other legislation.
- Article 7(1)(a)
Digital labour platforms may not use automated monitoring or decision-making systems to process personal data on the emotional or psychological state of a person performing platform work.
- § 4
The Data Protection Ombudsman supervises, as market surveillance authority, compliance with the prohibited AI practices in Article 5 of the AI Act.
Milestones
- Entry into force of the AI Act Met
- Chapters I and II (definitions, prohibitions) apply Met
- Governance, GPAI obligations and penalties apply; Member States designate authorities Met
- Danish Act 467/2025 enters into force Met
- Omnibus enters into force Met
- General application; Article 50 transparency rules and enforcement start Met
- Article 5(1)(ba), (bb), (1a), (1b) prohibitions begin to apply Upcoming
- Article 50(2) compliance deadline for generative AI systems placed on the market before 2 August 2026 Upcoming
- Platform Work Directive transposition deadline Upcoming
- Providers of GPAI models placed on the market before 2 August 2025 must comply Upcoming
- National AI regulatory sandbox operational in each Member State Moved
- Chapter III Sections 1-3 apply to Annex III high-risk systems Moved
- Chapter III Sections 1-3 apply to Annex I (product-embedded) high-risk systems Moved
- Delegated acts adding AI health and safety requirements to the Machinery Regulation apply Upcoming
Claims and evidence (7)
Derived: Probable Breach of the Article 5 prohibited-practices list is subject to fines of up to EUR 35 million or 7% of worldwide turnover, whichever is higher.
Evidence and sources
- Regulation (EU) 2024/1689 (Artificial Intelligence Act), Official Journal text
Non-compliance with the prohibition of the AI practices referred to in Article 5 shall be subject to administrative fines of up to EUR 35 000 000 or, if the offender is an undertaking, up to 7 % of its total worldwide annual turnover
- Regulation (EU) 2024/1689 (Artificial Intelligence Act), Official Journal text
Article 5(1)(ba) and (bb) and Article 5(1a) and (1b) of the AI Act apply from 2 December 2026, which the Commission describes as the ninth prohibition.
Evidence and sources
- Regulation (EU) 2026/1744 (Digital Omnibus on AI), Official Journal text
(a) point (a) is replaced by the following: '(a) Chapters I and II shall apply from 2 February 2025, with the exception of Article 5(1), first subparagraph, points (ba) and (bb), and Article 5(1a) and (1b) which shall apply from 2 December 2026;';
- Regulation (EU) 2026/1744 (Digital Omnibus on AI), Official Journal text
(ba) the placing on the market, the putting into service or the use of an AI system that generates or manipulates realistic images, videos, audio or similar material of an identifiable natural person's intimate parts, or of an identifiable natural person engaged in sexually explicit activities, without that person's freely-given, specific, informed, unambiguous and explicit consent for that generation or
- AI Act - Shaping Europe's digital future
Prohibition 9 comes into effect in December 2026 and was introduced as a part of the AI Omnibus.
- AI Act Service Desk - implementation timeline
02 Dec 2026 New prohibitions + Article 50(2) transition apply ** - Prohibitions, for AI systems generating non-consensual sexual deepfakes and child sexual abuse material, start to apply.
- Regulation (EU) 2026/1744 (Digital Omnibus on AI), Official Journal text
The Commission published guidelines on prohibited AI practices on 4 February 2025.
Evidence and sources
- Commission publishes the Guidelines on prohibited artificial intelligence (AI) practices
These guidelines provide an overview of AI practices that are deemed unacceptable due to their potential risks to European values and fundamental rights.
- Commission publishes the Guidelines on prohibited artificial intelligence (AI) practices
Derived: Probable Section 10 of the Danish Act makes infringement of Article 5(1)(a)-(g) of the AI Regulation punishable by a fine, unless a higher penalty applies under other legislation.
Evidence and sources
- Lov nr. 467 af 14/05/2025 om supplerende bestemmelser til forordningen om kunstig intelligens
Unless a higher penalty is incurred under other legislation, a fine shall be imposed on anyone who infringes Article 5(1)(a)-(g) of the Artificial Intelligence Regulation
- Lov nr. 467 af 14/05/2025 om supplerende bestemmelser til forordningen om kunstig intelligens
Digital labour platforms may not use automated monitoring or decision-making systems to process personal data on a worker's emotional or psychological state.
Evidence and sources
- Directive (EU) 2024/2831 (Platform Work Directive), Official Journal text
Digital labour platforms shall not, by means of automated monitoring systems or automated decision-making systems: (a) process any personal data on the emotional or psychological state of a person performing platform work;
- Directive (EU) 2024/2831 (Platform Work Directive), Official Journal text
The Commission is analysing a potential gap under which AI systems generating CSAM or non-consensual intimate content are not prohibited by Article 5 AI Act.
Evidence and sources
- Report on the review of prohibitions and high-risk AI
The Commission noted and is further analysing a potential regulatory gap regarding AI systems generating child sexual abuse material and non-consensual intimate content, which are currently not prohibited by Article 5 AI Act.
- Report on the review of prohibitions and high-risk AI
The Data Protection Ombudsman supervises Article 5 prohibited practices and Traficom supervises Article 50 transparency obligations in Finland.
Evidence and sources
- Laki eräiden tekoälyjärjestelmien valvonnasta 1377/2025
The Data Protection Ombudsman supervises, as market surveillance authority, compliance with the prohibited artificial intelligence practices under Article 5 of the AI Regulation.
- Laki eräiden tekoälyjärjestelmien valvonnasta 1377/2025
The Finnish Transport and Communications Agency supervises, as market surveillance authority, compliance with the transparency obligations under Article 50 of the AI Regulation.
- Laki eräiden tekoälyjärjestelmien valvonnasta 1377/2025