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: 54c2573092884b61fa5d8cd6e25fe2af5f9836168458d5f8c93035317253b8c1
Primary Citations — 5 traced to source
- {"title":"Regulation (EU) 2024/1689 - EU AI Act: Article 5 - Prohibited Artificial Intelligence Practices","url":"https://eur-lex.europa.eu","relevance":"Primary EU AI Act provision establishing all eight prohibited AI practice categories - Article 5(1)(a)-(h) defines the complete scope of prohibited AI under the EU AI Act; applicable from 2 February 2025 per Article 113(2); violations subject to Article 99(3) highest penalty tier of EUR 35 million or 7% of worldwide annual turnover"}
- {"title":"Regulation (EU) 2024/1689 - EU AI Act: Article 99 - Penalties","url":"https://eur-lex.europa.eu","relevance":"EU AI Act provision establishing the penalty framework for Article 5 violations - Article 99(3) establishes the highest penalty tier: administrative fines up to EUR 35 million or 7% of total worldwide annual turnover for natural or legal persons, whichever is higher; the Article 5 penalty tier is significantly higher than the EUR 15 million/3% tier for other violations"}
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