Article 5: Prohibited AI practices
agent:eu:ai-act:art-5 · sha256 083c2ffe03c9e2b4
Turnover framework under the act
- Art. 99(3): up to the higher of EUR 35,000,000 / 7 % of worldwide annual turnover
- Art. 99(4): up to the higher of EUR 15,000,000 / 3 % of worldwide annual turnover
- Art. 99(5): up to the higher of EUR 7,500,000 / 1 % of worldwide annual turnover
- The framework follows from article 99.
Affected roles
Not in the register yet.
Affected industries
Not in the register yet.
Obligations
Not in the register yet.
Article text
1. The following AI practices shall be prohibited:
(a)
the placing on the market, the putting into service or the use of an AI system that deploys subliminal techniques beyond a person’s consciousness or purposefully manipulative or deceptive techniques, with the objective, or the effect of materially distorting the behaviour of a person or a group of persons by appreciably impairing their ability to make an informed decision, thereby causing them to take a decision that they would not have otherwise taken in a manner that causes or is reasonably likely to cause that person, another person or group of persons significant harm;
(b)
the placing on the market, the putting into service or the use of an AI system that exploits any of the vulnerabilities of a natural person or a specific group of persons due to their age, disability or a specific social or economic situation, with the objective, or the effect, of materially distorting the behaviour of that person or a person belonging to that group in a manner that causes or is reasonably likely to cause that person or another person significant harm;
(c)
the placing on the market, the putting into service or the use of AI systems for the evaluation or classification of natural persons or groups of persons over a certain period of time based on their social behaviour or known, inferred or predicted personal or personality characteristics, with the social score leading to either or both of the following:
(i)
detrimental or unfavourable treatment of certain natural persons or groups of persons in social contexts that are unrelated to the contexts in which the data was originally generated or collected;
(ii)
detrimental or unfavourable treatment of certain natural persons or groups of persons that is unjustified or disproportionate to their social behaviour or its gravity;
(d)
the placing on the market, the putting into service for this specific purpose, or the use of an AI system for making risk assessments of natural persons in order to assess or predict the risk of a natural person committing a criminal offence, based solely on the profiling of a natural person or on assessing their personality traits and characteristics; this prohibition shall not apply to AI systems used to support the human assessment of the involvement of a person in a criminal activity, which is already based on objective and verifiable facts directly linked to a criminal activity;
(e)
Machine-readable formThe article in the registerChangesSource: NovaCopilot