01 · Regulation Overview
- Regulation (EU) 2024/1689 + Regulation (EU) 2026/1744 (Digital Omnibus on AI) + EC Digital Strategy
- Last verified: 2026-09-07
What it is
Regulation (EU) 2024/1689 — the world's first comprehensive legal framework on AI. Adopted 13 June 2024, published in the Official Journal 12 July 2024, in force 1 August 2024. Full title: "laying down harmonised rules on artificial intelligence" (the Artificial Intelligence Act).
Structure: ~180 recitals, 113 articles, 13 annexes. Amends several prior EU regulations (machinery, transport, product safety directives).
Core logic: risk-based approach
Four tiers, descending from most to least regulated:
| Tier | What it covers | Consequence |
|---|---|---|
| Unacceptable risk | 8 prohibited practices have applied since 2 February 2025; Regulation (EU) 2026/1744 adds prohibitions concerning non-consensual intimate material and child sexual abuse material from 2 December 2026 | Prohibited outright. Fines can reach €35M / 7% global annual turnover |
| High risk | Annex I (safety products) + Annex III (sector use cases) | Chapter III, Sections 1–3 apply from 2 December 2027 for Annex III systems and 2 August 2028 for Annex I systems |
| Transparency risk | Specified interactive, biometric, emotion-recognition and generative AI systems | Article 50 disclosure, marking or labelling duties applicable since 2 August 2026 |
| Minimal / no risk | Systems without prohibited, high-risk or Article 50 uses | No additional risk-tier-specific duties; operator-wide provisions and other EU law can still apply |
Who must comply
| Role | Obligation level | Geographic scope |
|---|---|---|
| Providers (developers) | Heaviest — risk management, technical docs, conformity | Anywhere, if system used in EU |
| Deployers (professional users) | Role- and system-specific duties, including following instructions, human oversight, monitoring, log retention and incident reporting where applicable | Located in EU, or output used in EU |
| Importers & distributors | Verify provider compliance before market | EU market |
Key definitions
| Term | Definition |
|---|---|
| AI system | Machine-based system that operates with varying autonomy, infers from inputs to generate outputs (predictions, content, recommendations, decisions) that can influence physical or virtual environments |
| Provider | Entity that develops and places an AI system on the market or puts it into service |
| Deployer | Entity that uses an AI system in a professional context — not the end user |
| GPAI model | Model trained on large data via self-supervision, capable of a wide range of tasks, integrable into downstream systems |
| Systemic risk | Risk arising from GPAI models with compute > 10²⁵ FLOPs or designated high-impact capability by the Commission |
Relationship to GDPR
The AI Act doesn't replace GDPR. They overlap where AI processes personal data. DPAs are recommended as market surveillance authorities for rights-impacting high-risk AI. Fines can stack.
The Digital Omnibus amendment (Regulation (EU) 2026/1744)
The Digital Omnibus on AI was published in the Official Journal on 24 July 2026 and entered into force on 27 July 2026. It:
- applies Chapter III, Sections 1–3 to Annex III high-risk systems from 2 December 2027 and Annex I high-risk systems from 2 August 2028;
- adds Article 5 prohibitions concerning non-consensual intimate material and child sexual abuse material, applying from 2 December 2026;
- replaces Article 4 with an obligation for providers and deployers to take measures that support the development of AI literacy;
- creates an exceptional, safeguard-bound legal basis in Article 4a for processing special-category personal data when strictly necessary for bias detection and correction;
- reinforces AI Office powers for AI systems under Article 75 supervision;
- extends simplified technical documentation and some penalty proportionality provisions to SMEs, start-ups and small mid-cap enterprises (SMCs);
- moves the national AI regulatory sandbox deadline to 2 August 2027 and allows an EU-level AI Office sandbox for Article 75 systems.
Official text links
| Format | Link |
|---|---|
| HTML (English) | EUR-Lex HTML |
| PDF (authentic OJ) | EUR-Lex PDF |
| CELEX (all languages) | CELEX:32024R1689 |
| Digital Omnibus on AI | Regulation (EU) 2026/1744 |