Guidelines
Commission Guidelines on prohibited artificial intelligence practices established by Regulation (EU) 2024/1689 (AI Act)
For each prohibition, the Commission explains which AI practices are unacceptable and where the boundary lies, with legal explanation and practical examples: harmful manipulation, exploitation of vulnerabilities, social scoring, predictive policing based on profiling, indiscriminate scraping of facial images, emotion recognition at work and in education, biometric categorisation and real-time biometric identification at a distance. A separate chapter addresses the interplay with the GDPR, LED and EUDPR: by virtue of Article 2, paragraph 7, those remain unaffected, so a practice that just falls outside Article 5 can still be unlawful. The guidelines are not binding; only the Court of Justice provides binding interpretation. The formally adopted communication version bears the reference C(2025) 5052 final.
What this means for you
The prohibitions have applied since 2 February 2025 and this is the only official Commission explanation of where the boundary lies between a prohibited practice and a practice that falls only under the GDPR.