The European Commission officially announced the "AI Act" on February 4, prohibiting AI operation guidelines (Commission Guidelines on Prohibited Artificial Intelligence Practices established by Regulation (EU) 2024/1689 (AI Act)). The guidelines outline AI operations deemed unacceptable due to potential risks, which may violate European values and fundamental rights. These include AI applications such as social systems that could lead to unfair treatment and the use of subliminal techniques for manipulation. Simultaneously, the European Commission released compliance guidelines on February 4 to provide AI developers with clear regulatory directions.
The European Commission stated that the purpose of the AI Act is to foster innovation while ensuring a high level of protection for personal health, safety, and fundamental rights. AI systems are categorized into different risk levels, including prohibited, high-risk, and those requiring transparency obligations. The guidelines specifically restrict harmful operations, social scoring, and real-time remote biometric identification. Violations of the legal prohibitions may result in severe penalties, with a maximum fine of 7% of global turnover (or 35 million euros, whichever is higher).
The guidelines assist in ensuring legal compliance when applying artificial intelligence in the region by providing recommendations for the correct development and application of AI. Failure to comply with the legal prohibitions on use cases may lead to the strictest penalties: a maximum fine of 7% of global turnover (or 35 million euros, whichever is higher).
The guidelines aim to ensure the consistent, effective, and uniform application of the AI Act across the EU. While they provide the European Commission’s interpretation of the prohibitions, they are not legally binding and will be subject to interpretation by the Court of Justice of the European Union (CJEU). The guidelines offer legal explanations and practical examples to help relevant stakeholders understand and comply with the AI Act, highlighting the EU's commitment to establishing a safe and ethical AI environment.
The AI Act's prohibition guidelines on AI application development were published in draft form on February 4. This is because formal adoption and implementation are still pending, as the EU must complete translations into its multiple official languages.
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