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ObligationApplicablev1.0.0

Article 99, 100 and 101: the penalty structure per obligation

The Regulation carries no single fine amount. For operators, three ceilings attach to different paragraphs of Article 99; in addition the Commission itself fines providers of general-purpose AI models under Article 101, the AI Office can fine in its own right since the 2026 amendment, and Union institutions and bodies face the separate amounts of Article 100. Which ceiling applies depends on which provision was infringed and on who enforces, and not on how serious the consequences are.

The official source remains authoritative. This is general information about obligations and not legal advice. See this object on the map

Address and citation

This object has an address of its own that is never renamed or reused. Store the identifier in your own file, not the title or the link.

Identifier
praxikon:eu:ai-act:obligation:article-99-101-penalties
Payload hash (sha256)
eebb183c9d9b58597388256d80ac73dc95eca9b9c98dd975ed907b55791e6905

Citation line

Praxikon, "Article 99, 100 and 101: the penalty structure per obligation", praxikon:eu:ai-act:obligation:article-99-101-penalties@1.0.0, dataset praxikon:sys:registry:dataset:ai-act-implementation-graph 2.2.0 (schema 1.5.0), effective_at 2026-08-08T00:00:00.000Z, known_at 2026-09-06T00:00:00.000Z, sha256 eebb183c9d9b58597388256d80ac73dc95eca9b9c98dd975ed907b55791e6905
Version
1.0.0
Legal time (effective_at)
2 August 2026
Knowledge time (known_at)
14 August 2026
Closed on
Not closed
Topics
enforcement, prohibited-practices

Review status: Placed against the official source (14 August 2026). Next check due by 10 February 2027. The check date is the knowledge date of this version; no later recheck has been recorded.

Who must act and who is affected

On an obligation the addressee is recorded separately from the party that is merely affected. That difference decides who a supervisory authority addresses and who has work to do without the duty resting on them.

No duty holder assigned

The addressee falls outside the roles this dataset models. The duty exists, it just does not rest on a role recorded here.

Duty holder

Not recorded on this object.

Affected actor

Oversight

Evidence owner

Not recorded on this object.

What this object links to

Every relation appears below as a path: from the source with its locator, through the conditions and exceptions of the object carrying the relation, to the consequence. A locator belongs to a statement in the data and not to a relation, so the source is the source anchor of the carrying object.

Who is affected without being the addressee

6 of 6 shown

This role is practically affected without being the addressee: it receives the information, has to cooperate, or absorbs the consequences in its own process.

  1. Source

    Official fact on this object, with its locator.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 99(1)-(11)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (38)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 113, third paragraph, point (b)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (40)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 101(1)-(6)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 100(1)-(3)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (32)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    Via

    • Condition | allRelevant as soon as you are an operator within the meaning of the Regulation, that is a provider, product manufacturer, deployer, authorised representative, importer or distributor, and one of the provisions named in Article 99(3), (4) or (5) is engaged. The Article 101 regime is additionally relevant where you are a provider of a general-purpose AI model, because there the Commission fines you itself. If you fall within the competence of the AI Office under Article 75(1), Article 75c is added on top.
    • ExceptionParagraph 6 reverses the calculation for SMEs, including start-ups: for them the lower of the percentage and the amount applies, where for other undertakings it is the higher of the two, and it does so for every fine referred to in Article 99. The inserted paragraph 6a does the same for small mid-cap enterprises, but expressly only for paragraphs 4 and 5, so the Article 5 band is not reversed for them. Paragraph 8 leaves it to each Member State to determine to what extent administrative fines may be imposed on public authorities and bodies established in that Member State, so the ceiling for a public organisation does not follow from the Regulation. Paragraph 9 allows the fine to be imposed by the competent national courts or by other bodies rather than by the authority in some Member States.

    As long as this exception is not ruled out, the outcome stays conditional and you have to establish it yourself.

    Consequence

Who supervises this

2 of 2 shown

This role supervises and receives the notifications. It is the institutional role, not the national body that fills it.

  1. Source

    Official fact on this object, with its locator.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 99(1)-(11)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (38)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 113, third paragraph, point (b)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (40)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 101(1)-(6)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 100(1)-(3)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (32)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    Via

    • Condition | allRelevant as soon as you are an operator within the meaning of the Regulation, that is a provider, product manufacturer, deployer, authorised representative, importer or distributor, and one of the provisions named in Article 99(3), (4) or (5) is engaged. The Article 101 regime is additionally relevant where you are a provider of a general-purpose AI model, because there the Commission fines you itself. If you fall within the competence of the AI Office under Article 75(1), Article 75c is added on top.
    • ExceptionParagraph 6 reverses the calculation for SMEs, including start-ups: for them the lower of the percentage and the amount applies, where for other undertakings it is the higher of the two, and it does so for every fine referred to in Article 99. The inserted paragraph 6a does the same for small mid-cap enterprises, but expressly only for paragraphs 4 and 5, so the Article 5 band is not reversed for them. Paragraph 8 leaves it to each Member State to determine to what extent administrative fines may be imposed on public authorities and bodies established in that Member State, so the ceiling for a public organisation does not follow from the Regulation. Paragraph 9 allows the fine to be imposed by the competent national courts or by other bodies rather than by the authority in some Member States.

    As long as this exception is not ruled out, the outcome stays conditional and you have to establish it yourself.

    Consequence

What has to be done

1 of 1 shown

This is what concretely has to be done under the obligation.

  1. Source

    Official fact on this object, with its locator.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 99(1)-(11)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (38)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 113, third paragraph, point (b)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (40)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 101(1)-(6)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 100(1)-(3)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (32)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    Via

    • Condition | allRelevant as soon as you are an operator within the meaning of the Regulation, that is a provider, product manufacturer, deployer, authorised representative, importer or distributor, and one of the provisions named in Article 99(3), (4) or (5) is engaged. The Article 101 regime is additionally relevant where you are a provider of a general-purpose AI model, because there the Commission fines you itself. If you fall within the competence of the AI Office under Article 75(1), Article 75c is added on top.
    • ExceptionParagraph 6 reverses the calculation for SMEs, including start-ups: for them the lower of the percentage and the amount applies, where for other undertakings it is the higher of the two, and it does so for every fine referred to in Article 99. The inserted paragraph 6a does the same for small mid-cap enterprises, but expressly only for paragraphs 4 and 5, so the Article 5 band is not reversed for them. Paragraph 8 leaves it to each Member State to determine to what extent administrative fines may be imposed on public authorities and bodies established in that Member State, so the ceiling for a public organisation does not follow from the Regulation. Paragraph 9 allows the fine to be imposed by the competent national courts or by other bodies rather than by the authority in some Member States.

    As long as this exception is not ruled out, the outcome stays conditional and you have to establish it yourself.

    Consequence

What has to be recorded

1 of 1 shown

This is what has to be in the file to show that the action was carried out.

  1. Source

    Official fact on this object, with its locator.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 99(1)-(11)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (38)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 113, third paragraph, point (b)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (40)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 101(1)-(6)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 100(1)-(3)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (32)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    Via

    • Condition | allRelevant as soon as you are an operator within the meaning of the Regulation, that is a provider, product manufacturer, deployer, authorised representative, importer or distributor, and one of the provisions named in Article 99(3), (4) or (5) is engaged. The Article 101 regime is additionally relevant where you are a provider of a general-purpose AI model, because there the Commission fines you itself. If you fall within the competence of the AI Office under Article 75(1), Article 75c is added on top.
    • ExceptionParagraph 6 reverses the calculation for SMEs, including start-ups: for them the lower of the percentage and the amount applies, where for other undertakings it is the higher of the two, and it does so for every fine referred to in Article 99. The inserted paragraph 6a does the same for small mid-cap enterprises, but expressly only for paragraphs 4 and 5, so the Article 5 band is not reversed for them. Paragraph 8 leaves it to each Member State to determine to what extent administrative fines may be imposed on public authorities and bodies established in that Member State, so the ceiling for a public organisation does not follow from the Regulation. Paragraph 9 allows the fine to be imposed by the competent national courts or by other bodies rather than by the authority in some Member States.

    As long as this exception is not ruled out, the outcome stays conditional and you have to establish it yourself.

    Consequence

What keeps it in place

1 of 1 shown

This is what keeps compliance in place over time, periodic or event-driven.

  1. Source

    Official fact on this object, with its locator.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 99(1)-(11)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (38)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 113, third paragraph, point (b)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (40)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 101(1)-(6)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 100(1)-(3)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (32)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    Via

    • Condition | allRelevant as soon as you are an operator within the meaning of the Regulation, that is a provider, product manufacturer, deployer, authorised representative, importer or distributor, and one of the provisions named in Article 99(3), (4) or (5) is engaged. The Article 101 regime is additionally relevant where you are a provider of a general-purpose AI model, because there the Commission fines you itself. If you fall within the competence of the AI Office under Article 75(1), Article 75c is added on top.
    • ExceptionParagraph 6 reverses the calculation for SMEs, including start-ups: for them the lower of the percentage and the amount applies, where for other undertakings it is the higher of the two, and it does so for every fine referred to in Article 99. The inserted paragraph 6a does the same for small mid-cap enterprises, but expressly only for paragraphs 4 and 5, so the Article 5 band is not reversed for them. Paragraph 8 leaves it to each Member State to determine to what extent administrative fines may be imposed on public authorities and bodies established in that Member State, so the ceiling for a public organisation does not follow from the Regulation. Paragraph 9 allows the fine to be imposed by the competent national courts or by other bodies rather than by the authority in some Member States.

    As long as this exception is not ruled out, the outcome stays conditional and you have to establish it yourself.

    Consequence

Public tools

1 of 1 shown

This is the public route a reader can actually use.

  1. Source

    Official fact on this object, with its locator.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 99(1)-(11)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (38)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 113, third paragraph, point (b)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (40)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 101(1)-(6)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 100(1)-(3)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (32)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    Via

    • Condition | allRelevant as soon as you are an operator within the meaning of the Regulation, that is a provider, product manufacturer, deployer, authorised representative, importer or distributor, and one of the provisions named in Article 99(3), (4) or (5) is engaged. The Article 101 regime is additionally relevant where you are a provider of a general-purpose AI model, because there the Commission fines you itself. If you fall within the competence of the AI Office under Article 75(1), Article 75c is added on top.
    • ExceptionParagraph 6 reverses the calculation for SMEs, including start-ups: for them the lower of the percentage and the amount applies, where for other undertakings it is the higher of the two, and it does so for every fine referred to in Article 99. The inserted paragraph 6a does the same for small mid-cap enterprises, but expressly only for paragraphs 4 and 5, so the Article 5 band is not reversed for them. Paragraph 8 leaves it to each Member State to determine to what extent administrative fines may be imposed on public authorities and bodies established in that Member State, so the ceiling for a public organisation does not follow from the Regulation. Paragraph 9 allows the fine to be imposed by the competent national courts or by other bodies rather than by the authority in some Member States.

    As long as this exception is not ruled out, the outcome stays conditional and you have to establish it yourself.

    Consequence

What points at this object

Objects hanging off this obligation

4 of 4 shown

The object belongs to this obligation. The source line it hangs off sits there.

  1. Source

    This object carries no official fact of its own. The source line below sits on the obligation it hangs off; the link itself is recorded editorially.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 99(1)-(11)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (38)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 113, third paragraph, point (b)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (40)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 101(1)-(6)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 100(1)-(3)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (32)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    Via

    • Condition | allTo be done as soon as your obligations register exists, and to be revisited on every amendment of the Regulation and on every change to the national penalty regime of a Member State in which you operate. No deadline attaches to it: this is an editorial recommendation.

    Relation recorded on: Assign to each obligation the penalty ceiling that belongs to it

    Consequence

  2. Source

    This object carries no official fact of its own. The source line below sits on the obligation it hangs off; the link itself is recorded editorially.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 99(1)-(11)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (38)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 113, third paragraph, point (b)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (40)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 101(1)-(6)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 100(1)-(3)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (32)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    Via

    No condition or exception recorded on this object.

    Relation recorded on: Recording of the factors in Article 99(7)

    Consequence

  3. Source

    This object carries no official fact of its own. The source line below sits on the obligation it hangs off; the link itself is recorded editorially.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 99(1)-(11)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (38)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 113, third paragraph, point (b)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (40)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 101(1)-(6)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 100(1)-(3)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (32)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    Via

    No condition or exception recorded on this object.

    Relation recorded on: Register of penalty ceilings per obligation

    Consequence

  4. Source

    This object carries no official fact of its own. The source line below sits on the obligation it hangs off; the link itself is recorded editorially.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 99(1)-(11)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (38)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 113, third paragraph, point (b)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (40)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 101(1)-(6)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 100(1)-(3)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • Digital Omnibus on AI 2026/1744

      Locator: Regulation (EU) 2026/1744, Article 1, point (32)

      praxikon:eu:ai-act:source:reg-eu-2026-1744

      Open official source

    Via

    No condition or exception recorded on this object.

    Relation recorded on: Full text of Article 99, 100 and 101

    Consequence

What this object states

Official fact

Attributable to a named primary source, with a locator. Where they differ, the official source prevails.

  • Paragraph 1, as replaced by Regulation (EU) 2026/1744, requires Member States to lay down the rules on penalties and other enforcement measures, which may also include administrative fines, warnings and non-monetary measures, applicable to any infringement of this Regulation by operators, provides that those penalties shall be effective, proportionate and dissuasive, and requires Member States to take into account the interests of SMEs, including start-ups, and SMCs, and their economic viability when imposing penalties. Paragraph 2 requires Member States to notify those rules to the Commission without delay and at the latest by the date of entry into application, and to notify any subsequent amendment without delay. Paragraph 3 sets, for non-compliance with the prohibition of the AI practices referred to in Article 5, administrative fines of up to EUR 35 000 000 or, if the offender is an undertaking, up to 7 % of its total worldwide annual turnover for the preceding financial year, whichever is higher. Paragraph 4 sets, for non-compliance with provisions related to operators or notified bodies other than those laid down in Article 5, fines of up to EUR 15 000 000 or, if the offender is an undertaking, up to 3 % of that same turnover, whichever is higher, and enumerates: obligations of providers pursuant to Article 16, of authorised representatives pursuant to Article 22, of importers pursuant to Article 23, of distributors pursuant to Article 24, point (da) inserted by Regulation (EU) 2026/1744, obligations of providers and operators pursuant to Article 25(2) and (4), obligations of deployers pursuant to Article 26, requirements and obligations of notified bodies pursuant to Article 31, Article 33(1), (3) and (4) or Article 34, and transparency obligations for providers and deployers pursuant to Article 50. Paragraph 5 sets, for the supply of incorrect, incomplete or misleading information to notified bodies or national competent authorities in reply to a request, fines of up to EUR 7 500 000 or, if the offender is an undertaking, up to 1 % of that same turnover, whichever is higher. Paragraph 6 provides that in the case of SMEs, including start-ups, each fine referred to in this Article shall be up to the percentages or amount referred to in paragraphs 3, 4 and 5, whichever thereof is lower. The paragraph 6a inserted by Regulation (EU) 2026/1744 provides that in the case of SMCs, each fine referred to in paragraphs 4 and 5 shall be up to the percentages or amount referred therein, whichever is lower. Paragraph 7 enumerates what is taken into account when deciding whether to impose a fine and when deciding on the amount: the nature, gravity and duration of the infringement and of its consequences, whether administrative fines have already been applied by other market surveillance authorities to the same operator for the same infringement, whether other authorities have already fined that operator for infringements of other Union or national law resulting from the same activity or omission, the size, annual turnover and market share of the operator, any other aggravating or mitigating factor such as financial benefits gained or losses avoided, the degree of cooperation with the national competent authorities, the degree of responsibility of the operator taking into account the technical and organisational measures it implemented, the manner in which the infringement became known to the authorities and whether the operator notified it, the intentional or negligent character of the infringement, and any action taken by the operator to mitigate the harm suffered by the affected persons. Paragraph 8 provides that each Member State shall lay down rules on to what extent administrative fines may be imposed on public authorities and bodies established in that Member State. Paragraph 9 provides that, depending on the legal system of the Member State, the rules may be applied in such a manner that fines are imposed by competent national courts or by other bodies, with equivalent effect. Paragraph 10 subjects the exercise of these powers to appropriate procedural safeguards in accordance with Union and national law, including effective judicial remedies and due process. Paragraph 11 requires Member States to report annually to the Commission on the administrative fines they issued and on any related litigation or judicial proceedings. Chapter XII, which contains Article 99, has applied since 2 August 2025, with the exception of Article 101; the amendments to Article 99 have applied since 27 July 2026.

    • Locator: Article 99(1)-(11)praxikon:eu:ai-act:source:reg-eu-2024-1689Open official source
    • Locator: Regulation (EU) 2026/1744, Article 1, point (38)praxikon:eu:ai-act:source:reg-eu-2026-1744Open official source
    • Locator: Article 113, third paragraph, point (b)praxikon:eu:ai-act:source:reg-eu-2024-1689Open official source
    • Locator: Regulation (EU) 2026/1744, Article 1, point (40)praxikon:eu:ai-act:source:reg-eu-2026-1744Open official source

  • Article 101(1) provides that the Commission may impose on providers of general-purpose AI models fines not exceeding 3 % of their annual total worldwide turnover in the preceding financial year or EUR 15 000 000, whichever is higher, where it finds that the provider intentionally or negligently infringed the relevant provisions of this Regulation, failed to comply with a request for a document or for information pursuant to Article 91 or supplied incorrect, incomplete or misleading information, failed to comply with a measure requested under Article 93, or failed to make available access to the model with a view to conducting an evaluation pursuant to Article 92. In fixing the amount of the fine or periodic penalty payment, regard shall be had to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness, and the Commission shall also take into account commitments made in accordance with Article 93(3) or made in relevant codes of practice in accordance with Article 56. Paragraph 2 requires the Commission to communicate its preliminary findings to the provider and give it an opportunity to be heard before adopting the decision. Paragraph 3 provides that fines imposed shall be effective, proportionate and dissuasive. Paragraph 4 provides that information on fines imposed shall also be communicated to the Board as appropriate. Paragraph 5 gives the Court of Justice of the European Union unlimited jurisdiction to review decisions of the Commission fixing a fine and provides that it may cancel, reduce or increase the fine. Paragraph 6 requires the Commission to adopt implementing acts containing detailed arrangements and procedural safeguards for proceedings that may lead to a decision under paragraph 1. Article 101 is excluded from the earlier application of Chapter XII and has therefore applied since 2 August 2026. Alongside this regime, Article 100 carries its own scheme for Union institutions, bodies, offices and agencies: the European Data Protection Supervisor may impose administrative fines on them of up to EUR 1 500 000 for non-compliance with the prohibition in Article 5 and up to EUR 750 000 for non-compliance with other requirements or obligations under this Regulation. Regulation (EU) 2026/1744 did not amend Articles 100 and 101.

  • Article 75c(4), inserted by Regulation (EU) 2026/1744, provides that a decision of the AI Office may be accompanied by the imposition of penalties in accordance with Article 99(3) to (7), which provisions apply mutatis mutandis to the Office in the execution of its supervision and enforcement tasks referred to in Article 75(1). In particular, the following are subject to administrative fines as referred to in Article 99(4): infringement of any applicable provision of this Regulation, including those not listed in Article 99(4); failure to comply with decisions or measures adopted pursuant to Article 14(4) or Article 16(3) of Regulation (EU) 2019/1020 and the powers specified in Article 75a; and failure to comply with a commitment made binding pursuant to Article 75b. The supply of incorrect, incomplete or misleading information to the Office is subject to the fines of Article 99(5). Paragraph 5 additionally allows the Office to impose periodic penalty payments to compel, among other things, submission to an investigation, compliance with an information request, submission to an inspection or compliance with a binding commitment; those payments shall not exceed 5 % of the average daily income or worldwide annual turnover in the preceding financial year per day. Paragraph 6 gives the Court of Justice unlimited jurisdiction over decisions of the Office fixing a fine or periodic penalty payment, and paragraph 8 subjects the powers of the Office to a limitation period of five years, with the same period for the power to enforce decisions taken. Note: the two authentic language editions of Regulation (EU) 2026/1744 diverge here. The English edition states five years in both subparagraphs of Article 75c(8); the Dutch edition states three years in both subparagraphs of Article 75 quater(8). This statement renders in each language what the edition in that language says and makes no silent choice. The implementing act under Article 75d(3) is to specify both subparagraphs, including the circumstances in which the limitation periods are interrupted; until it exists, the divergence remains an open question of interpretation.

    • Locator: Regulation (EU) 2026/1744, Article 1, point (32)praxikon:eu:ai-act:source:reg-eu-2026-1744Open official source

Our interpretation

Our own reading. It can change without the law changing, and it is not the position of a supervisory authority.

  • The ceiling follows the provision, not the harm. That is the point routinely missed in boardrooms: a single amount gets budgeted for "the AI Act fine", while operators face three bands in Article 99 and there are separate regimes on top for Union institutions and for providers of general-purpose AI models. The highest band, EUR 35 million or 7 percent, belongs to Article 5 alone. Until recently that was a list of practices you either engage in or do not, but since the amendment of Article 5 that is no longer true: for the new prohibitions on sexual imagery, placing on the market is also prohibited where such generation is a reasonably foreseeable and reproducible outcome and the system lacks reasonable and adequate technical safety measures and safeguards. That is a duty to take measures inside the highest band, and it applies from 2 December 2026. The middle band, EUR 15 million or 3 percent, belongs to the enumeration in paragraph 4: the role duties of the provider, the authorised representative, the importer, the distributor and the deployer, since 27 July 2026 also Article 25(2) and (4), plus Article 50. What is not named there is at least as interesting: Article 4 and Article 27 do not appear, and the requirements of Chapter III reach the ceiling at most through Article 16 and Article 26. Note that Article 72 and Article 73 do come within reach for the deployer, because Article 26(5) obliges it to inform in accordance with Article 72 and declares Article 73 applicable mutatis mutandis, and Article 26 is named in paragraph 4. Two further things. Paragraph 5 turns answering an information request badly into its own fine category at 1 percent, independently of the underlying infringement. And paragraph 7 is not a discount scheme: it works both ways, because its opening words concern the decision whether or not to impose a fine and point (e) expressly names aggravating factors such as financial benefits gained. What you can steer are the factors you can evidence: your technical and organisational measures, your notification behaviour, your cooperation, and what you did after an incident to mitigate the harm suffered by affected persons. Two dates that matter in practice: the prohibition in Article 5 has applied since 2 February 2025 but Chapter XII only since 2 August 2025, so for conduct in between there is no administrative fine under Article 99(3). That gap does not return for the new Article 5 prohibitions of 2 December 2026: Chapter XII will by then have applied for well over a year, so the penalty regime exists on the day those prohibitions start to apply. And whoever falls within the competence of the AI Office must drop the idea that the enumeration in paragraph 4 is closed: Article 75c(4) places infringement of any applicable provision in the EUR 15 million or 3 percent band there, expressly including provisions not listed in paragraph 4.

    • Locator: Article 99(1)-(11)praxikon:eu:ai-act:source:reg-eu-2024-1689Open official source
    • Locator: Regulation (EU) 2026/1744, Article 1, point (7)praxikon:eu:ai-act:source:reg-eu-2026-1744Open official source
    • Locator: Regulation (EU) 2026/1744, Article 1, point (32)praxikon:eu:ai-act:source:reg-eu-2026-1744Open official source
    • Locator: Article 113, third paragraph, point (b)praxikon:eu:ai-act:source:reg-eu-2024-1689Open official source

Recommended step

A practical step we consider appropriate. Not an obligation following from the Regulation.

  • Add a column to your obligations register carrying the ceiling that belongs to each entry, with three values: Article 99(3), Article 99(4), or national law under Article 99(1). Determine per general-purpose AI model that you provide yourself whether the Commission's Article 101 regime is added on top, and determine whether you fall under Article 75(1), because the Article 75c regime with periodic penalty payments then applies as well. Also record, per obligation, which of the factors in Article 99(7) you could actually show, in particular the technical and organisational measures implemented, your notification behaviour, your cooperation with the authority and the steps you take to mitigate harm to affected persons, because that is the part of the amount you can influence yourself. This is our recommendation and not a duty under the Regulation: Article 99 addresses the Member States and imposes no deadline whatsoever on an operator.

When this applies

  1. 1Relevant as soon as you are an operator within the meaning of the Regulation, that is a provider, product manufacturer, deployer, authorised representative, importer or distributor, and one of the provisions named in Article 99(3), (4) or (5) is engaged. The Article 101 regime is additionally relevant where you are a provider of a general-purpose AI model, because there the Commission fines you itself. If you fall within the competence of the AI Office under Article 75(1), Article 75c is added on top.

When this does not apply

  • Paragraph 6 reverses the calculation for SMEs, including start-ups: for them the lower of the percentage and the amount applies, where for other undertakings it is the higher of the two, and it does so for every fine referred to in Article 99. The inserted paragraph 6a does the same for small mid-cap enterprises, but expressly only for paragraphs 4 and 5, so the Article 5 band is not reversed for them. Paragraph 8 leaves it to each Member State to determine to what extent administrative fines may be imposed on public authorities and bodies established in that Member State, so the ceiling for a public organisation does not follow from the Regulation. Paragraph 9 allows the fine to be imposed by the competent national courts or by other bodies rather than by the authority in some Member States.

Referring to this object

Citation block

Copy this reference into your advice, article or file. The identifier, the version and the hash keep the statement findable later, even once the dataset has moved on.

Reference

Praxikon, "Article 99, 100 and 101: the penalty structure per obligation",
praxikon:eu:ai-act:obligation:article-99-101-penalties@1.0.0,
dataset praxikon:sys:registry:dataset:ai-act-implementation-graph 2.2.0 (schema 1.5.0),
effective_at 2026-08-02T00:00:00.000Z, known_at 2026-08-14T00:00:00.000Z,
sha256 eebb183c9d9b58597388256d80ac73dc95eca9b9c98dd975ed907b55791e6905,
https://www.praxikon.com/en/verkenner/obligation/article-99-101-penalties
(https://www.praxikon.com/api/v1/obligations?id=praxikon%3Aeu%3Aai-act%3Aobligation%3Aarticle-99-101-penalties&effective_at=2026-08-02&known_at=2026-08-14&lang=en, accessed 2026-09-20)

Short form

praxikon:eu:ai-act:obligation:article-99-101-penalties@1.0.0 (sha256 eebb183c)

BibTeX

@misc{praxikon-eu-ai-act-obligation-article-99-101-penalties-1-0-0,
  author       = {{Praxikon}},
  title        = {Article 99, 100 and 101: the penalty structure per obligation},
  year         = {2026},
  version      = {1.0.0},
  number       = {praxikon:eu:ai-act:obligation:article-99-101-penalties},
  howpublished = {AI Act Change \& Evidence Graph, dataset 2.2.0, schema 1.5.0},
  note         = {effective_at 2026-08-02T00:00:00.000Z; known_at 2026-08-14T00:00:00.000Z; sha256 eebb183c9d9b58597388256d80ac73dc95eca9b9c98dd975ed907b55791e6905},
  url          = {https://www.praxikon.com/en/verkenner/obligation/article-99-101-penalties},
  urldate      = {2026-09-20},
  language     = {en}
}

CSL JSON

[
  {
    "id": "praxikon:eu:ai-act:obligation:article-99-101-penalties@1.0.0",
    "type": "dataset",
    "title": "Article 99, 100 and 101: the penalty structure per obligation",
    "container-title": "AI Act Change & Evidence Graph",
    "publisher": "Praxikon",
    "version": "1.0.0",
    "number": "praxikon:eu:ai-act:obligation:article-99-101-penalties",
    "URL": "https://www.praxikon.com/en/verkenner/obligation/article-99-101-penalties",
    "language": "en",
    "issued": {
      "date-parts": [
        [
          2026,
          8,
          14
        ]
      ]
    },
    "accessed": {
      "date-parts": [
        [
          2026,
          9,
          20
        ]
      ]
    },
    "note": "dataset praxikon:sys:registry:dataset:ai-act-implementation-graph 2.2.0; schema 1.5.0; effective_at 2026-08-02T00:00:00.000Z; known_at 2026-08-14T00:00:00.000Z; sha256 eebb183c9d9b58597388256d80ac73dc95eca9b9c98dd975ed907b55791e6905; retrieved_from https://www.praxikon.com/api/v1/obligations?id=praxikon%3Aeu%3Aai-act%3Aobligation%3Aarticle-99-101-penalties&effective_at=2026-08-02&known_at=2026-08-14&lang=en; licence https://www.praxikon.com/nl/legal/terms"
  }
]

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