What EU AI Act - Penalties, Fines, and Enforcement Framework (Articles 99-101) requires
EU AI Act (Regulation 2024/1689) Articles 99-101 establish the penalty and enforcement framework for violations; Article 99 establishes the three-tier penalty structure: (1) up to EUR 35,000,000 or 7% of total worldwide annual turnover (whichever is higher) for violations of Article 5 prohibited AI practices; (2) up to EUR 15,000,000 or 3% of total worldwide annual turnover (whichever is higher) for violations of any other provisions of the Regulation, including violations of high-risk AI system requirements in Articles 6-49; (3) up to EUR 7,500,000 or 1.5% of total worldwide annual turnover (whichever is higher) for supply of incorrect, incomplete, or misleading information to national competent authorities or notified bodies; Article 99(6) - for SMEs including startups the relevant penalty cap is the lower amount (EUR 35M or 7% for prohibited practices; EUR 15M or 3% for other violations; EUR 7.5M or 1.5% for misleading information); Article 101 - violations of the provisions applicable to GPAI model providers are subject to fines up to EUR 15,000,000 or 3% of total worldwide annual turnover; the penalty amounts constitute maximum caps - national competent authorities must consider all relevant circumstances including the nature, gravity, and duration of the violation; the degree of responsibility of the responsible person; any action taken by the responsible person to mitigate harm; the degree of cooperation with national competent authorities; penalties apply to both providers and deployers for their respective obligations; penalties for Article 5 prohibited practice violations are the highest in the EU AI Act, reflecting the severity of absolute prohibitions on subliminal manipulation, social scoring, predictive policing based on profiling, facial scraping, emotion recognition, biometric categorisation, and real-time remote biometric identification.
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: 8f7d3e84d7c02c59ea1b872832a58fac331373f24f6d4d6a601b83361439a0ab
Primary Citations — 5 traced to source
- {"title":"Regulation (EU) 2024/1689 - EU AI Act: Article 99 - Penalties","url":"https://eur-lex.europa.eu","relevance":"Primary EU AI Act provision establishing the three-tier penalty structure - Article 99 sets maximum penalties of EUR 35M/7% for prohibited practice violations, EUR 15M/3% for other violations, and EUR 7.5M/1.5% for misleading information; specifies penalty factors; provides SME reduced cap provisions in Article 99(6)"}
- {"title":"Regulation (EU) 2024/1689 - EU AI Act: Article 101 - Penalties for Providers of General-Purpose AI Models","url":"https://eur-lex.europa.eu","relevance":"EU AI Act provision establishing GPAI model provider penalties - Article 101 sets maximum penalties for GPAI model provider obligation violations at EUR 15,000,000 or 3% of total worldwide annual turnover applicable to violations of the GPAI model provisions in Articles 51-56"}
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