Art. 96 Guidelines from the Commission on the implementation of this Regulation | AI act regulation | AI act

This article tasks the Commission with developing practical implementation guidelines to help operators understand and apply the regulation.

The guidelines are intended to cover a range of core topics, from the requirements for high-risk AI systems and prohibited practices, to transparency obligations, the definition of an AI system, and the relationship between this regulation and other Union law.

The Commission is also required to keep these guidelines current, updating them when requested by Member States or the AI Office, or on its own initiative.

Important points:

The Commission is required to develop guidelines covering key implementation areas, including requirements for high-risk AI systems, prohibited practices, substantial modification, transparency obligations, and the definition of an AI system.
When issuing guidelines, the Commission must pay particular attention to the needs of SMEs, start-ups, local public authorities, and the sectors most likely to be affected.
The Commission is required to update previously adopted guidelines when deemed necessary, either at the request of Member States or the AI Office, or on its own initiative.

1. The Commission shall develop guidelines on the practical implementation of this Regulation, and in particular on:
  1. the application of the requirements and obligations referred to in Articles 8 to 15 and in Article 25;
  2. the prohibited practices referred to in Article 5;
  3. the practical implementation of the provisions related to substantial modification;
  4. the practical implementation of transparency obligations laid down in Article 50;
  5. detailed information on the relationship of this Regulation with the Union harmonisation legislation listed in Annex I, as well as with other relevant Union law, including as regards consistency in their enforcement;
  6. the application of the definition of an AI system as set out in Article 3, point (1).
2. When issuing such guidelines, the Commission shall pay particular attention to the needs of SMEs including start-ups, of local public authorities and of the sectors most likely to be affected by this Regulation.
3. The guidelines referred to in the first subparagraph of this paragraph shall take due account of the generally acknowledged state of the art on AI, as well as of relevant harmonised standards and common specifications that are referred to in Articles 40 and 41, or of those harmonised standards or technical specifications that are set out pursuant to Union harmonisation law.
1. At the request of the Member States or the AI Office, or on its own initiative, the Commission shall update guidelines previously adopted when deemed necessary.