How do I know if the EU AI Act applies to my AI system?

The EU AI Act applies to AI systems placed on the EU market, put into service there, or whose outputs are used in the EU, wherever the company is based. Applicability is decided per system and per use case.

Start with three questions. Does the system meet the Act's definition of an AI system? Is it placed on the EU market or put into service there? Are its outputs used in the EU? If the answers are yes, the Act applies, whether the company sits in the EU, in Switzerland, or elsewhere. Swiss companies with EU customers are one of the most common cases.

Next, check whether the use is prohibited under Article 5. Certain social scoring practices and manipulative techniques are banned outright. Then check the scope exclusions, for example systems developed or used exclusively for military, national security, or pure scientific research purposes.

Finally, identify the organization's role, since a provider and a deployer carry different obligations. Because the answer depends on the system, its purpose, and the role held, applicability should be documented for each system rather than assumed once for the whole company.

The Certified EU AI Governance Professional course covers this screening on Day 1: defining system boundaries, screening for prohibited practices, and determining the organization's role, so the result is written down and can be defended to an auditor.

Expert Insight

Many teams stall on the provider or deployer question and never write the answer down. Record the system boundary and the organization's role for each use case before drafting any compliance plan, because both decide which obligations apply.

“Settle whether the Act applies before anything else; every later decision depends on that answer.”

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