Are there guidelines for determining what constitutes a prohibited AI practice?

As of Feb. 2, 2025, the marketing or use of high-risk AI systems is prohibited (Sections 5 and 113 AI Act). The AI Act Indeed, it classifies AI systems into various risk categories, including prohibited systems, high-risk systems and systems subject to transparency obligations.

The AI Act directed the European Commission to develop guidelines on the practical implementation of these prohibited practices (Section 96 AI Act).

The European Commission today published these guidelines; a turf of no less than 140 pages. These guidelines outline AI practices deemed unacceptable because of their potential risks to European values and fundamental rights. These guidelines specifically address practices such as malicious manipulation, social scoring and real-time remote biometric identification.

The guidelines are intended to ensure consistent, effective and uniform application of the AI Act throughout the European Union. Although they provide valuable insights into the European Commission's interpretation of the prohibitions, they are not binding. It only falls to the European Court of Justice to interpret the provisions of the AI Act. The guidelines provide legal explanations and practical examples to help stakeholders understand and comply with the AI Act. This initiative underscores the EU's commitment to promoting a safe and ethical AI landscape.

Note : The European Commission has approved, but not yet formally adopted, the draft guidelines.