First Provisions of the EU AI Act Take Effect
by Streamlex 3 February 2025
The first requirements under the EU Artificial Intelligence (AI) Act come into effect on February 2, 2025, banning prohibited AI practices and requiring AI literacy measures for providers and deployers. The AI Act, which entered into force on August 1, 2024, is being implemented in stages, with most provisions applying by August 2, 2026. This article outlines the key provisions now in effect and considers additional guidance to be expected from the regulators.
AI Literacy Requirement
Under the AI Act, providers and deployers of AI systems must ensure their personnel have sufficient AI literacy, meaning the skills and knowledge needed for informed AI deployment and awareness of its risks and potential harm. This requirement applies to all AI systems, regardless of risk level.
‘AI literacy’ means skills, knowledge and understanding that allow providers, deployers and affected persons, taking into account their respective rights and obligations in the context of this Regulation, to make an informed deployment of AI systems, as well as to gain awareness about the opportunities and risks of AI and possible harm it can cause (AIA Article 3(56))
Ban on Prohibited AI Practices
Certain AI practices are banned for violating EU values, the rule of law, and fundamental rights.
Aside from the many beneficial uses of AI, it can also be misused and provide novel and powerful tools for manipulative, exploitative and social control practices. Such practices are particularly harmful and abusive and should be prohibited because they contradict Union values of respect for human dignity, freedom, equality, democracy and the rule of law and fundamental rights enshrined in the Charter, including the right to non-discrimination, to data protection and to privacy and the rights of the child (AIA Recital 28)
The AI Act bans the following practices, albeit with some narrow exceptions in place for some of them:
Penalties and Enforcement
While breaches of AI literacy requirements (AIA Article 4) do not have specific fines, they may be considered when enforcing other violations. Fines for breaches of prohibited practices (AIA Article 5) take effect on August 2, 2025, and can reach €35 million or 7% of global annual turnover.
Upcoming Guidelines
The European AI Office launched a stakeholder consultation in November 2024 to help shape European Commission guidelines on prohibited AI practices and the definition of AI systems. These guidelines, expected in early 2025, will provide further clarity on enforcement and compliance.
In addition, the Dutch Data Protection Authority (AP) has launched a call for input on certain AI prohibitions under the AI Act. While consultations on manipulative AI systems and emotion recognition in workplaces and education have already closed, input on AI systems for social scoring remains open until February 7, 2025. These consultations aim to gather perspectives on how such AI practices should be regulated and enforced under the AI Act.
