What EU AI Act - Article 5 Prohibited AI Practices: Complete Framework Overview requires
EU AI Act (Regulation 2024/1689) Article 5 establishes eight categories of prohibited AI practices that represent the highest tier of AI risk - practices so harmful to fundamental rights, safety, and human dignity that they are absolutely prohibited without exception or derogation; Article 5(1) prohibitions applicable from 2 February 2025 per Article 113(2): (a) AI systems that deploy subliminal techniques or purposefully manipulative or deceptive techniques to materially distort the behaviour of a person or group in a manner that causes or is likely to cause significant harm; (b) AI systems that exploit vulnerabilities of persons due to age, disability, or social or economic situation to materially distort their behaviour in a manner causing significant harm; (c) AI systems used for social scoring of natural persons by or on behalf of public authorities leading to detrimental treatment; (d) AI systems that make risk assessments of natural persons to assess or predict the risk of criminal offending based solely on profiling or personality traits; (e) AI systems that create or expand facial recognition databases through untargeted scraping of facial images from internet or CCTV footage; (f) AI systems that infer emotions of natural persons in workplaces or educational institutions, except for medical or safety reasons; (g) AI systems that categorise natural persons based on biometric data to infer race, political opinions, trade union membership, religious/philosophical beliefs, sex life, or sexual orientation; (h) real-time remote biometric identification systems used by law enforcement in publicly accessible spaces, subject to three narrow exceptions; the Article 5 prohibitions are enforced by national competent authorities and subject to the highest EU AI Act penalty tier: EUR 35 million or 7% of annual worldwide turnover under Article 99(3); national market surveillance authorities may require the immediate cessation of prohibited AI systems without prior warning.
Pillar: AI Governance & Law · Authority: European Parliament and Council of the EU · Version: 1.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024R1689
SHA-256 integrity: 08f4d85670d957f2d079a8d4836fa83ba9a14e85955eed3e8f56dc7bd3807c68
Primary Citations — 5 traced to source
- Regulation (EU) 2024/1689 - EU AI Act: Article 5 - Prohibited Artificial Intelligence Practices
- Regulation (EU) 2024/1689 - EU AI Act: Article 99 - Penalties
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