The essentials in 30 seconds
- The AI Act is the first comprehensive global regulation on artificial intelligence
- Prohibited practices have applied since February 2025 (social scoring, manipulation...)
- GPAI obligations (models like ChatGPT, Claude) have applied since August 2025
- High-risk systems will be regulated from August 2026
- Penalties up to 35M EUR or 7% of global turnover
The European Union adopted in April 2024 the regulation on artificial intelligence, commonly called AI Act. This historic legislation establishes the first comprehensive legal framework in the world to govern the development and use of AI. For businesses, understanding and anticipating these obligations is no longer optional - it's a strategic necessity.
Application timeline: where are we now?
The AI Act adopts a progressive approach. Not all obligations come into force simultaneously, giving businesses time to prepare.
Possible postponement
In November 2025, the European Commission proposed via the "Digital Omnibus" to postpone certain deadlines to December 2027. However, prohibited practices and GPAI obligations remain in force.
The four risk levels
The AI Act classifies artificial intelligence systems into four categories according to their risk level. This proportionate approach aims not to hinder innovation while protecting fundamental rights.
1. Unacceptable risk: prohibited practices
Since February 2, 2025, these AI uses are purely and simply prohibited in Europe:
| Prohibited practice | Description |
|---|---|
| Social scoring | Rating individuals based on their social behavior or personal characteristics |
| Subliminal manipulation | Techniques exploiting psychological vulnerabilities to influence behaviors |
| Emotion recognition | Detecting emotions in the workplace or in educational institutions |
| Biometric scraping | Untargeted collection of facial images from the Internet to create databases |
| Predictive policing | Predicting criminality based solely on profiling |
| Real-time biometric identification | In public places (except strictly regulated exceptions for law enforcement) |
2. High risk: documentation and compliance
High-risk AI systems are listed in Annex III of the regulation. They concern areas where AI can have a significant impact on people's rights:
- Biometrics: Identification, categorization, emotion recognition
- Critical infrastructure: Traffic management, energy, water
- Education: Access to institutions, assessment, cheating detection
- Employment: Recruitment, promotion, employee surveillance
- Essential services: Credit scoring, insurance, social benefits
- Law enforcement: Lie detection, profiling
- Migration: Border control, asylum applications
For these systems, providers must implement:
- A risk management system
- Training data governance
- Complete technical documentation
- Traceability mechanisms
- Appropriate human oversight
- CE marking after conformity assessment
3. Limited risk: transparency required
Certain AI systems present limited risk but require a transparency obligation:
- Chatbots: The user must know they are interacting with an AI, not a human
- Deepfakes: Synthetic content imitating real people must be clearly marked
- Categorization systems: Information about how they work
- Content generation: Mention that content was generated by AI
Impact on marketing chatbots
- All chatbots on your websites must inform visitors they are interacting with an AI
- A visible mention at the start of the conversation is sufficient
- Virtual customer service assistants are concerned
4. Minimal risk: no specific obligation
The vast majority of AI systems (spam filters, video games, basic productivity assistants...) present minimal risk and are not subject to any particular obligation.
GPAI obligations: ChatGPT, Claude, Gemini concerned
General-purpose AI models (GPAI - General Purpose AI) are subject to a specific regime. Since August 2, 2025, providers of these models must comply with transparency and documentation obligations.
Who is concerned?
| Provider | Models concerned |
|---|---|
| OpenAI | GPT-5, GPT-4o, DALL-E |
| Anthropic | Claude Opus 4.5, Sonnet, Haiku |
| Gemini 3.0, PaLM | |
| Meta | Llama 3.3 |
| Mistral | Mistral Large, Mixtral |
GPAI provider obligations
- Technical documentation: Architecture, training process, energy consumption
- Usage policy: Authorized uses, restrictions, prohibitions
- Training data summary: Compliance with copyright
- Instructions for deployers: Integration guide and best practices
The case of systemic risk models
GPAI models exceeding the threshold of 10^25 FLOPs (training compute power) are considered to present systemic risk. They must additionally:
- Conduct model evaluations and adversarial testing
- Document and report serious incidents
- Ensure cybersecurity of the model and its infrastructure
- Notify the Commission within 2 weeks if the threshold is reached
GPT-5, Claude Opus 4.5, and Gemini 3.0 Pro likely fall into this category.
Penalties: deterrent amounts
| Type of infringement | Maximum fine |
|---|---|
| Prohibited practices (Article 5) | 35M EUR or 7% of global turnover |
| Non-compliance high-risk systems | 15M EUR or 3% of global turnover |
| Incorrect information to authorities | 7.5M EUR or 1% of global turnover |
For SMEs, reduced amounts are provided: the lower of the flat-rate fine and the turnover percentage applies.
How to achieve compliance?
Step 1: Map your AI systems
Essential first step: inventory all tools using AI in your organization:
- Business software with AI features
- Plugins and extensions (ChatGPT in your tools)
- Cloud services and third-party APIs
- Chatbots on your websites
- Marketing automation tools
- HR solutions (CV sorting, assessment...)
Step 2: Classify risks
For each identified system, determine its risk category according to the AI Act. Systems involving employment, credit, or security are generally high-risk.
Step 3: Document
For concerned systems, build a file including:
- System description and objectives
- Data used and its provenance
- Performance metrics
- Identified limitations and biases
- Human oversight measures
Step 4: Inform and train
- Update legal notices on your chatbots
- Inform employees of AI use in HR processes
- Train teams on responsible AI issues
- Designate an AI compliance officer
Impact on AI visibility and digital marketing
The AI Act has direct implications for AEO and GEO strategies:
- Marketing chatbots: Obligation to inform visitors
- AI-generated content: Potential marking obligation
- Compliance as a trust signal: Search engines and AI could favor responsible players
- Algorithmic transparency: Documentation of recommendation systems
Compliance as competitive advantage
- Transform regulatory constraint into a badge of seriousness
- Position yourself as a responsible AI player
- Anticipate compliance criteria in tenders
- Search engines could favor compliant sites
FAQ: Frequently asked questions about the AI Act
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