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Article 99 of 11388%
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Article 99: Penalties

Praxikon tracks Article 99 (Penalties) under the EU AI Act, citing the source for every statement.

EU Official:
ActiveApplies since 2 Aug 2025
Title XI: Penalties

Application dates

  • : Chapter XII, including Article 99 on penalties

Article 99 sets the AI Act penalty framework. For organisations, the practical issue is how fine levels differ by infringement and which obligations deserve immediate priority.

Official text

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Source: EUR-Lex, Regulation (EU) 2024/1689. Text reproduced verbatim.

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Official guidance on this article

4

What does this mean for you?

Provider+
Article 99 distinguishes several fine ceilings. Infringement of Article 5 may lead to a maximum of EUR 35 million or 7 percent of worldwide annual turnover. The obligations listed in paragraph 4 carry a maximum of EUR 15 million or 3 percent. Incorrect, incomplete or misleading information supplied to a notified body or competent authority carries a maximum of EUR 7.5 million or 1 percent.
Deployer+
Deployer obligations under Article 26 and transparency obligations under Article 50 are expressly included in the category in Article 99(4). In each case, the authority considers factors including gravity, duration, harm, size, cooperation, technical and organisational measures, and whether the conduct was intentional or negligent.
SME / Startup+
For SMEs and startups, each fine category uses the lower ceiling of the fixed amount or turnover percentage. Regulation (EU) 2026/1744 extended the same approach to the relevant categories for small mid-caps. This does not change the underlying obligations.
Public Sector+
Each Member State must determine the extent to which administrative fines may be imposed on its public authorities and bodies. Article 99 therefore does not provide one uniform answer for every public body. Warnings and non-financial measures may also form part of the national penalty system.

Related tools

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Related Recitals

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Related enforcement

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Cross-references

Articles

Art. 5Art. 6Art. 50Art. 51

Recitals

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Frequently asked questions

How high are the fines under the AI Act?+
Infringement of Article 5 carries a maximum of EUR 35 million or 7 percent of turnover. The obligations specifically listed in paragraph 4 carry EUR 15 million or 3 percent. Incorrect, incomplete or misleading information carries EUR 7.5 million or 1 percent.
Are there lower fines for SMEs?+
Yes, small and medium-sized enterprises (SMEs) and startups are subject to proportionally lower fine caps.
What documentation does Article 99 of the AI Act require?+
Article 99 imposes no standalone general documentation duty. When setting a fine, the authority may consider technical and organisational measures taken and cooperation, so evidence of compliance remains relevant.
What are the three fine categories under the AI Act?+
The ceilings are EUR 35 million or 7 percent for Article 5, EUR 15 million or 3 percent for the obligations listed in paragraph 4, and EUR 7.5 million or 1 percent for incorrect, incomplete or misleading information.
How do AI Act fines compare to GDPR fines?+
The AI Act and GDPR each have their own legal bases and ceilings. Article 99 contains no general rule that the highest ceiling automatically applies. Where regimes overlap, authorities must apply the relevant rules and respect the ne bis in idem principle.
Are there reduced fines for startups and SMEs?+
Yes. For SMEs, including start-ups, each category uses the lower maximum of the fixed amount or turnover percentage. Regulation (EU) 2026/1744 added this method for small mid-caps for the categories in paragraphs 4 and 5.
Who enforces Article 99?+
The competent national authority applies the national penalty regime within its statutory remit. For certain operators directly supervised by the AI Office, Regulation (EU) 2026/1744 gives the AI Office its own investigation and enforcement powers.

What Article 99 requires in practice

Connections

What connects to Article 99 AI Act

Themes where this returns

The counterpart in the other law

GDPR interpretation that also applies here