Program 01 · AI governance (AIGP)

EU AI Act I: scope, roles and risk tiers

15 min read

The EU AI Act (Regulation (EU) 2024/1689) is a risk-based, product-safety-style law. It is the most heavily tested law on the exam.

Scope

It applies to providers placing AI systems or general-purpose AI models on the EU market, wherever they are established; to deployers in the EU; and to providers and deployers outside the EU where the system's output is used in the EU. Exclusions include military and national-security uses, and pure scientific research and development.

Roles

RoleWho
ProviderDevelops an AI system or GPAI model (or has it developed) and places it on the market or into service under its own name
DeployerUses an AI system under its authority (not purely personal use)
ImporterEU entity placing a non-EU provider's system on the market
DistributorMakes a system available in the supply chain
Authorized representativeEU-based agent of a non-EU provider

Becoming a provider: a deployer, distributor or importer takes on provider obligations if it puts its name or trademark on a high-risk system, makes a substantial modification, or changes the intended purpose so that the system becomes high risk.

The four risk tiers

1. Unacceptable risk: prohibited (Art. 5)

  • Subliminal, manipulative or deceptive techniques causing significant harm
  • Exploiting vulnerabilities due to age, disability or social or economic situation
  • Social scoring leading to detrimental treatment
  • Predicting criminal offences based solely on profiling or personality traits
  • Untargeted scraping of facial images to build facial recognition databases
  • Emotion recognition in workplaces and education (except medical or safety reasons)
  • Biometric categorization to infer race, political opinions, union membership, religion, sex life or sexual orientation
  • Real-time remote biometric identification in public spaces for law enforcement, except narrow cases (searching for victims, preventing imminent threats, locating suspects of serious crimes)
  • Added by the 2026 AI Omnibus, from 2 December 2026: AI that generates non-consensual intimate imagery or child sexual abuse material

2. High risk

  • Annex I: AI that is a safety component of, or itself is, a product under EU harmonization law needing third-party conformity assessment (medical devices, machinery, toys, vehicles, lifts).
  • Annex III areas: biometrics; critical infrastructure; education and vocational training; employment and worker management; access to essential private and public services (credit scoring, life and health insurance pricing, public benefits, emergency dispatch); law enforcement; migration, asylum and border control; administration of justice and democratic processes.
  • An Annex III system is not high risk if it poses no significant risk, for example it performs a narrow procedural task, but systems that profile individuals are always high risk.

3. Limited risk: transparency (Art. 50)

People must be told they are interacting with AI (chatbots); synthetic audio, image, video and text must be machine-readably marked; deepfakes must be disclosed; people exposed to emotion recognition or biometric categorization must be informed.

4. Minimal risk

Everything else (spam filters, AI in games). No obligations; voluntary codes encouraged.

Check your understanding

Check 1 of 2Domain II. Laws & frameworks

Which of these is a high-risk use under Annex III?

Check 2 of 2Domain II. Laws & frameworks

A school uses AI to detect students' emotions during class. Under the EU AI Act this is:

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