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General about the AI Act - what is it and when does it apply?

General about the AI Act - what is it and when does it apply?AI systemsProhibited practicesHigh-risk AI systemsObligations regarding other AI systemsSupervision of AI systems

What is the AI Act?

Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828), hereafter referred to as the "AI Act", is the first legislative framework governing the placing on the market and use of artificial intelligence systems. It is risk-based - the greater the risk an AI system poses to safety, health and fundamental rights, the stricter the rules.

Why is AI regulated?

AI systems are evolving rapidly. The AI Act establishes harmonised legal rules to mitigate risks in these areas, including protecting the rule of law, democracy and the environment, ensuring safe and trustworthy AI, and promoting the development of ethical, human-centred and innovative AI in the EU.

Another objective of the AI Act is to unify the rules at EU level, but also apply more widely where systems used in the EU are concerned. This will remove legal uncertainties and encourage companies to participate in AI-led progress and innovation.

When will the AI Act apply?

The AI Act entered into force on 1 August 2024, but it will not apply immediately, but its provisions will apply gradually during a transitional period:

2 February 2025: application of Chapters I (General provisions and definitions) and II (Prohibited practices).

2 August 2025: application of Chapter III, Section 4, Chapter V (General purpose AI models), Chapter VII (Governance) and Chapter XII (Penalties) and Article 78, except Article 101

2 August 2026: entry into application of all other provisions, with the exception of Article 6(1)

2 August 2027: application of Article 6(1) and the corresponding obligations under that Article.

 

Relevant Article : 113, recitals 178 and 179

Additional links: AI Act Service desk (FAQ, General questions)

Posnetek mejnikov za uveljavitev Akta o umetni inteligenci

Which provisions of the AI Act are currently already applicable?

Provisions applicable:

  • The general provisions of the Act, which regulate the scope and define key concepts, such as what is an AI system, who is the provider and deployer of an AI system, what is learning data, what constitutes (system) risk, and set AI literacy requirements;
  • Prohibited practices provisions, which prohibit the placing on the market, making available for use or use of certain of the riskiest AI systems;
  • provisions on notifying and notified bodies;
  • rules on general purpose AI models;
  • provisions on governance at EU level (AI Office and European Committee on Artificial Intelligence) and at Member State level, including national authorities and a single contact point;
  • penalty provisions.

Relevant Article: 113, recitals 178 and 179.

 

Who is bound by the AI Act?

The AI Act applies to:

  • Providers who place on the market or make available for use AI systems or place on the market AI models for general purposes in the Union, regardless of where the providers are established;
  • deployers of AI systems established or located in the Union;
  • providers and deployers of AI systems established or located in a third country, where the output generated by the AI system is used in the Union;
  • importers and distributors of AI systems;
  • manufacturers of products who place an AI system on the market or put it into service together with their product and under their name or trademark;
  • authorised representatives of providers not established in the Union;
  • persons concerned located in the Union.

Relevant Article: 2, recitals 9, 10, 11, 21, 22, 23, 24, 25 and 166.

 

Are there any exceptions to the scope of the AI Act?

The AI Act does not apply to certain areas, namely where AI systems are concerned:

  • used exclusively for military, defence or national security purposes;
  • which are specifically developed and put into service for the sole purpose of scientific research and development;
  • used by natural persons as deployers in the course of a purely personal, non-professional activity.

 

Relevant Article: 2, recitals 9, 10, 11, 21, 22, 23, 24, 25 and 166.

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