DepthThe conclusion and your first steps
Direct answer
Does our AI use case fall under the prohibited practices?
You describe: You want to be sure an existing or planned AI use case does not fall under the Article 5 prohibition, such as manipulation, social scoring or certain biometrics. Likely role: provider and deployer alike.
This applies now
- Article 5: prohibited practicesApplicable
Coming up
- Annex III: high-risk AIfrom 2 December 2027
The prohibitions apply since 2 February 2025 and carry the highest fine ceiling: up to 35 million euro or 7 percent of worldwide annual turnover. Screen per concrete use and context; the same technique can be prohibited in one context and permitted in another.
Your first actions
- Screen every use case against Article 5 first. Before procurement, build or deployment, check whether the use case falls under a prohibited practice and stop or redesign early rather than after the fact.
- Justify the Article 6(3) exception against each individual condition. Name which of the four Article 6(3) conditions you invoke, with facts, and separately justify why the system poses no significant risk of harm to health, safety or fundamental rights and does not materially influence the outcome of decision making.
General interpretation, not legal advice. Checked against Regulation (EU) 2024/1689 and the Digital Omnibus (EU) 2026/1744; the official source remains authoritative.
Full map for your situation