Data & Privacy
- Data Act
- Data Governance Act
- ePrivacy Directive
- GDPR
AI & Trust
- Artificial Intelligence Act
Cybersecurity
- Cybersecurity Act
- DORA
- NIS2
Digital Services & Media
- Digital Markets Act
- Digital Services Act
- European Media Freedom Act
Artificial Intelligence Act
- Recitals
CHAPTER I
GENERAL PROVISIONSArticles 1 — 4
CHAPTER II
PROHIBITED AI PRACTICESArticles 5 — 5
CHAPTER III
HIGH-RISK AI SYSTEMSArticles 6 — 49
CHAPTER IV
TRANSPARENCY OBLIGATIONS FOR PROVIDERS AND DEPLOYERS OF CERTAIN AI SYSTEMSArticles 50 — 50
CHAPTER V
GENERAL-PURPOSE AI MODELSArticles 51 — 56
CHAPTER VI
MEASURES IN SUPPORT OF INNOVATIONArticles 57 — 63
CHAPTER VII
GOVERNANCEArticles 64 — 70
CHAPTER VIII
EU DATABASE FOR HIGH-RISK AI SYSTEMSArticles 71 — 71
CHAPTER IX
POST-MARKET MONITORING, INFORMATION SHARING AND MARKET SURVEILLANCEArticles 72 — 94
CHAPTER X
CODES OF CONDUCT AND GUIDELINESArticles 95 — 96
CHAPTER XI
DELEGATION OF POWER AND COMMITTEE PROCEDUREArticles 97 — 98
CHAPTER XII
PENALTIESArticles 99 — 101
CHAPTER XIII
FINAL PROVISIONSArticles 102 — 113
ANNEXES
AIA Article 100. Administrative fines on Union institutions, bodies, offices and agencies
- 1.The European Data Protection Supervisor may impose administrative fines on Union institutions, bodies, offices and agencies falling within the scope of this Regulation. When deciding whether to impose an administrative fine and when deciding on the amount of the administrative fine in each individual case, all relevant circumstances of the specific situation shall be taken into account and due regard shall be given to the following:
- (a)the nature, gravity and duration of the infringement and of its consequences, taking into account the purpose of the AI system concerned, as well as, where appropriate, the number of affected persons and the level of damage suffered by them;
- (b)the degree of responsibility of the Union institution, body, office or agency, taking into account technical and organisational measures implemented by them;
- (c)any action taken by the Union institution, body, office or agency to mitigate the damage suffered by affected persons;
- (d)the degree of cooperation with the European Data Protection Supervisor in order to remedy the infringement and mitigate the possible adverse effects of the infringement, including compliance with any of the measures previously ordered by the European Data Protection Supervisor against the Union institution, body, office or agency concerned with regard to the same subject matter;
- (e)any similar previous infringements by the Union institution, body, office or agency;
- (f)the manner in which the infringement became known to the European Data Protection Supervisor, in particular whether, and if so to what extent, the Union institution, body, office or agency notified the infringement;
- (g)the annual budget of the Union institution, body, office or agency.
- 2.Non-compliance with the prohibition of the AI practices referred to in Article 5 shall be subject to administrative fines of up to EUR 1 500 000.
- 3.The non-compliance of the AI system with any requirements or obligations under this Regulation, other than those laid down in Article 5, shall be subject to administrative fines of up to EUR 750 000.
- 4.Before taking decisions pursuant to this Article, the European Data Protection Supervisor shall give the Union institution, body, office or agency which is the subject of the proceedings conducted by the European Data Protection Supervisor the opportunity of being heard on the matter regarding the possible infringement. The European Data Protection Supervisor shall base his or her decisions only on elements and circumstances on which the parties concerned have been able to comment. Complainants, if any, shall be associated closely with the proceedings.
- 5.The rights of defence of the parties concerned shall be fully respected in the proceedings. They shall be entitled to have access to the European Data Protection Supervisor’s file, subject to the legitimate interest of individuals or undertakings in the protection of their personal data or business secrets.
- 6.Funds collected by imposition of fines in this Article shall contribute to the general budget of the Union. The fines shall not affect the effective operation of the Union institution, body, office or agency fined.
- 7.The European Data Protection Supervisor shall, on an annual basis, notify the Commission of the administrative fines it has imposed pursuant to this Article and of any litigation or judicial proceedings it has initiated.
Relevant Recitals for this Article
Compliance with this Regulation should be enforceable by means of the imposition of penalties and other enforcement measures. Member States should take all necessary measures to ensure that the provisions of this Regulation are implemented, including by laying down effective, proportionate and dissuasive penalties for their infringement, and to respect the principle. In order to strengthen and harmonise administrative penalties for infringement of this Regulation, the upper limits for setting the administrative fines for certain specific infringements should be laid down. When assessing the amount of the fines, Member States should, in each individual case, take into account all relevant circumstances of the specific situation, with due regard in particular to the nature, gravity and duration of the infringement and of its consequences and to the size of the provider, in particular if the provider is an SME, including a start-up. The European Data Protection Supervisor should have the power to impose fines on Union institutions, agencies and bodies falling within the scope of this Regulation.