The EU AI Act (Regulation (EU) 2024/1689) is the most stringent AI regulation in the world. Breach may attract a fine of up to EUR 35 million or 7% of global annual turnover. A Chinese company is subject to it even without an establishment in the Union, provided it offers AI services to users in the Union.

The four-tier risk classification

Risk levelLegal consequenceTypical scenarios
Unacceptable riskProhibited outrightSocial scoring, manipulative AI, untargeted scraping for facial recognition databases
High riskStrict compliance obligationsCV screening, credit scoring, biometrics, medical triage
Limited riskTransparency obligationsChatbots, AI-generated content, deepfakes
Minimal riskLargely unregulatedSpam filters, game AI

Unacceptable risk (prohibited practices)

The practices prohibited by Article 5 include:

High-risk AI systems: the eight obligations (Articles 9 to 15)

Examples of high-risk systems (Annex III, eight fields)

  1. Biometrics — remote biometric identification, biometric categorisation, emotion recognition
  2. Critical infrastructure — safety components in transport, water, gas and electricity
  3. Education and vocational training — admission decisions, assessment of learning, examination monitoring
  4. Employment and work — CV screening, recruitment decisions, performance evaluation
  5. Essential public services — credit scoring, insurance pricing, prioritisation of emergency calls
  6. Law enforcement — risk prediction, polygraph substitutes, evaluation of evidence
  7. Migration and border control — risk assessment, visa applications, identity verification
  8. Justice and democracy — judicial decision support, influence on elections

The eight core obligations

ArticleObligationRequirement
Article 9Risk managementIdentification, evaluation, mitigation and control of risk throughout the lifecycle
Article 10Data governanceQuality, representativeness, completeness and absence of bias in training data
Article 11Technical documentationDetailed documentation for regulatory scrutiny
Article 12Record-keepingAutomatic logging to ensure traceability of operation
Article 13TransparencyProvision of the information necessary for deployers
Article 14Human oversightDesign that supports human oversight and prevents autonomous operation
Article 15Accuracy and robustnessAccurate output and resistance to attack

CE marking and conformity assessment

A high-risk AI system must:

  1. bear the CE marking, clearly visible and permanently affixed;
  2. undergo conformity assessment, which may involve a notified body;
  3. where provided digitally, make the CE marking accessible by digital means;
  4. where applicable, carry the identification number of the notified body.

Obligations for general-purpose AI models

Obligations of GPAI providers (Article 53)

GPAI models with systemic risk

Non-EU GPAI providers

A provider established outside the Union must appoint an authorised representative in the Union to handle regulatory contact and procedural tasks. Partially open-source models may be exempt from some obligations where the parameters, weights, architecture and usage information have been published.

The penalty regime

TierMaximum fineScope
HighestEUR 35 million or 7% of global annual turnoverBreach of the prohibited practices in Article 5
MiddleEUR 15 million or 3% of global annual turnoverBreach of high-risk, transparency or GPAI obligations
LowestEUR 7.5 million or 1% of global annual turnoverSupplying incorrect, incomplete or misleading information

Small and medium-sized enterprises: the fine is the lower of the fixed amount and the percentage.

Implementation timetable

DateMilestone
1 August 2024The Act enters into force
2 February 2025Prohibited practices (unacceptable risk) apply
2 August 2025GPAI obligations and the enforcement powers of the AI Office commence
2 August 2026Transparency obligations (Article 50) apply
2 December 2027Obligations for standalone high-risk systems under Annex III apply (deferred by amendment)
2 August 2028Obligations for high-risk systems embedded in regulated products apply

Compliance recommendations for Chinese companies

Determination of role

RoleObligations
ProviderSystem design, conformity assessment, post-market monitoring
DeployerCompliant use, human oversight, retention of logs
ImporterVerification on entry, retention of information
Authorised representativeNon-EU companies must appoint a representative in the Union

Action list

PriorityAction
P0Assess against Annex III whether the product falls within a high-risk category
P0Appoint an authorised representative in the Union
P1Embed AI compliance requirements throughout product development
P1Prepare technical documentation (Article 11)
P1Establish a risk management process (Article 9)
P2Prepare CE marking and conformity assessment
P2For GPAI models, establish a copyright compliance policy and a training data summary

Frequently asked questions

Q: We have only a small number of users in Europe. Does the AI Act apply to us? A: Yes. The Act applies to every undertaking that offers AI services to users in the Union, wherever it is established. Even a small user base brings the service within scope.

Q: Our AI product is not high-risk. Does that mean we need do nothing? A: No. Even where the product is not high-risk, the transparency obligations under Article 50 apply: a chatbot must inform users that they are interacting with AI, AI-generated content must be labelled, and deepfakes must be identified as such.

Q: Will the penalties actually be enforced against Chinese companies? A: They may be. The AI Office has investigative and sanctioning powers. TikTok was fined EUR 530 million by the Irish DPC in respect of EU-China data transfers under the GDPR, and the maximum penalties under the AI Act are higher still.

Q: We are a large-model company. How do the GPAI obligations affect us? A: Technical documentation must be established, capability information supplied to downstream providers, a copyright compliance policy adopted and a training data summary published. Where systemic risk exists, for example where the parameter count exceeds the threshold, adversarial testing and reporting of serious incidents are also required.


This article is prepared on the basis of Regulation (EU) 2024/1689 (the EU AI Act). The implementation timetable reflects the amendments made in 2026. For assistance with EU AI Act compliance, please contact Geason Law Offices.

Geason Law Offices AI Industry Research Group | Reviewed by Ho Qianggao