European Union: European Commission issued guidelines on prohibited artificial intelligence (AI) practices under EU AI Act

Description

European Commission issued guidelines on prohibited artificial intelligence (AI) practices under EU AI Act

On 4 February 2025, the European Commission published guidelines outlining prohibited artificial intelligence (AI) practices under the EU’s AI Act. These guidelines clarify restrictions under Article 5, which bans AI systems posing unacceptable risks to fundamental rights and EU values. Prohibited practices include manipulative AI exploiting vulnerabilities, social scoring mechanisms, and real-time remote biometric identification in public spaces, all of which conflict with principles outlined in the EU Charter of Fundamental Rights, such as human dignity, equality, and privacy. The guidelines stress context-specific evaluations, requiring case-by-case analysis to determine compliance. The non-binding Guidelines provide practical examples and legal interpretations to support enforcement authorities, developers, and deployers in aligning with the AI Act’s requirements. While offering clarity, the guidelines note that definitive legal interpretations remain under the jurisdiction of the Court of Justice of the European Union (CJEU).

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Scope

Policy Area
Authorisation, registration and licensing
Policy Instrument
Prohibition of goods and services
Regulated Economic Activity
ML and AI development
Implementation Level
national
Government Branch
executive
Government Body
other regulatory body

Complete timeline of this policy change

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2024-11-13
in consultation

On 13 November 2024, the European Commission opened a consultation on guidelines on the application…

2024-12-11
processing consultation

On 11 December 2024, the European Commission closes the consultation on guidelines on the applicati…

2025-02-04
under deliberation

On 4 February 2025, the European Commission published guidelines outlining prohibited artificial in…