Introduction
Risk hierarchy
General-purpose AI models
Rules for AI systems
Application of the Act
Penalties
National public authorities
Further information
Introduction
The EU Artificial Intelligence (AI) Act is an EU regulation which entered into force on 2 August 2024 and is directly applicable across the EU. The regulation applies in a phased manner over 36 months from entry into force.
The regulation is designed to provide a high level of protection to people’s health, safety and fundamental rights, and to promote the adoption of human-centric, trustworthy AI. It will provide a harmonised regulatory framework for AI systems placed on the market, or deployed, in the EU.
The Act applies equally to uses of AI in the public service as to the private sector. However, it provides exemptions for certain applications of AI relating to national defence; national security; scientific R&D; R&D for AI systems, models; open-sourced models; and personal use.
The Act is not a blanket regulation applying to all AI systems. Rather, it adopts a risk-based approach to regulation, based on four risk categories in order to ensure that its measures are targeted and proportionate. The Act also makes allowance for the unique circumstances of SMEs. The four risk categories are described in the next section.
Risk hierarchy underpinning the EU AI Act
Source: European Commission
Unacceptable risk
These are a set of eight harmful uses of AI that contravene EU values because they violate fundamental rights. These AI uses will be prohibited and include:
- subliminal techniques likely to cause a person, or another, significant harm
- exploiting vulnerabilities due to age, disability or social or economic situation
- social scoring leading to disproportionate detrimental or unfavourable treatment
- profiling individuals for prediction of criminal activity
- untargeted scraping of facial image
- inferring emotions in work or education
- biometric categorisation of race, religion, sexual orientation
- real-time remote biometric identification for law enforcement purposes
The prohibitions on uses with unacceptable risk apply from February 2025.
High risk
There are two high-risk categories of AI usage.
The first category relates to the use of AI systems that are safety components of products, or which are themselves products, falling within the scope of certain Union harmonisation legislation listed in Annex I of the Act, for example toys and machinery.
The provisions on product-linked high-risk AI systems apply from August 2027.
The second category relates to eight specific high-risk uses of AI listed in Annex III of the Act. These are AI systems that potentially create an adverse impact on people's safety or their fundamental rights, as protected by the EU Charter of Fundamental Rights, and are high-risk.
The provisions on high-risk uses apply from August 2026.
Specific transparency risk
The AI Act introduces specific transparency requirements for certain AI applications where, for example, there is a clear risk of manipulation such as the use of chatbots or deepfakes.
Minimal risk
Most AI systems will only give rise to minimal risks and consequently, can be marketed and used subject to the existing legislation without additional legal obligations under the AI Act.
General-purpose AI models
General-purpose AI (GPAI) models, often referred to as foundational models, exhibit significant generality and are capable of competently performing a wide range of distinct tasks. As a consequence of this power, they pose unique risks, including systemic risks to the EU. For this reason, there are specific provisions and obligations applying to GPAI models under the AI Act. The European Commission, through its AI Office, is responsible for enforcing these provisions.
Rules for AI systems
The AI Act introduces rules for certain AI systems placed on the market, or deployed, in the EU to mitigate the risks to people’s health, safety and fundamental rights. These rules relate to, certification of AI systems’ conformance with standards; governance of AI systems during development; and supervision of systems when in use.
The key responsibilities under the Act lie with providers and deployers of AI systems. However, there are also responsibilities for other actors in the supply chain: importers, distributors, and authorised representatives.
Application of the Act
The provisions of the EU AI Act apply in a phased manner from its entry into force in August 2024.
Key milestones include:
Member states must identify public bodies which supervise or enforce fundamental rights in relation to the use of high-risk AI systems referred to in Annex III and make the list publicly available.
Related press release: Key milestone in the implementation of the EU regulation on AI
Rules on prohibited AI practices come into effect.
Providers and deployers must ensure their staff have a sufficient level of AI literacy.
Member states must designate competent authorities for the purposes of the Act;
Member states must legislate for penalties for infringements of the Act.
Member states must have an operational AI Regulatory Sandbox to support innovation.
Rules on high-risk AI systems (use cases - Annex III) come into effect.
Rules on high-risk AI systems (products/Annex I) come into effect.
Penalties
For infringements of the rules for AI systems, the EU AI Act sets out the maximum applicable penalties as below.
- Up to €35 million or 7% of the total worldwide annual turnover of the preceding financial year (whichever is higher) for infringements on prohibited practices or non-compliance related to requirements on data
- Up to €15 million or 3% of the total worldwide annual turnover of the preceding financial year for non-compliance with any of the other requirements or obligations of the Act
- Up to €7.5 million or 1.5% of the total worldwide annual turnover of the preceding financial year for the supply of incorrect, incomplete or misleading information to notified bodies and national competent authorities in reply to a request from a competent authority
For each category of infringement, the threshold would be the lower of the two amounts for SMEs, and the higher for other companies.
Public authorities which supervise or enforce obligations protecting fundamental rights
Article 77 of the AI Act requires that member states of the EU identify national public authorities which supervise or enforce the respect of obligations under Union law protecting fundamental rights, including the right to non-discrimination, in relation to certain high-risk uses of AI systems specified in the Act. Under the Act, fundamental rights are those enshrined in the EU Charter of Fundamental Rights, including democracy, the rule of law and environmental protection. The list of these authorities must be notified to the European Commission.
Ireland’s list of fundamental rights authorities identified in accordance with Article 77 of the AI Act is as follows:
An Coimisiún Toghcháin
Coimisiún na Meán
Data Protection Commission
Environmental Protection Authority
Financial Services and Pensions Ombudsman
Irish Human Rights and Equality Commission
Ombudsman
Ombudsman for Children’s Office
Ombudsman for the Defence Forces
These authorities are not competent authorities for the Act, nor are any obligations, responsibilities or tasks assigned to them under the AI Act.
Rather, these authorities will get additional powers to facilitate them in carrying out their current mandates in circumstances involving the use of AI systems. For example, the authorities will have the power to access documentation that developers and deployers of AI systems are required to hold under the AI Act. These powers will apply from 2 August 2026.
This list will be kept under review by the Department and updated to reflect future changes in the national authorities.
Further information
AI Act - European Commission
AI Act Q&As - European Commission
Full text of the AI Act: Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act)
European AI Office - European Commission
These pages are provided for information purposes only, and do not constitute a legal interpretation of the EU AI Act. Parties should consult the Act directly, and when necessary, obtain professional advice.