The regulations concerning prohibited AI practices have come into effect. What should be known?

As of February 2, 2025, the provisions of the European Parliament and Council Regulation (EU) establishing harmonized rules on artificial intelligence and amending other regulations (AI Act) will come into effect! These provisions concern prohibited AI practices.

Prohibited AI Practices:

• The introduction, use, or application of AI systems that utilize subliminal, manipulative, or misleading techniques that limit the ability to make informed decisions, leading to decisions that may cause significant harm, is prohibited;
• AI must not be used to exploit weaknesses of individuals or groups, such as age, disability, or socio-economic situation, to alter their behaviors in ways that could cause significant harm;
• The use of AI systems to assess social behaviors of individuals leading to harmful treatment or unjustified decisions unrelated to the original data is prohibited;
• AI must not be used to predict the risk of committing a crime based on personality traits or profiling, unless based on objective facts;
• AI must not be used to collect facial data from the internet or surveillance without consent, with the aim of creating databases for facial recognition;
• AI must not be used to assess the emotions of individuals in workplaces or educational institutions, unless related to medical purposes or safety;
• The use of AI to categorize individuals based on biometric data, such as race, sexual orientation, or political views, in a way that violates privacy, is prohibited;
• AI must not be used for remote identification of individuals in public spaces, unless absolutely necessary in exceptional cases, such as preventing life-threatening situations or investigating crimes.

Who is Affected by These Provisions?

The provisions apply not only to suppliers, importers, and distributors of AI systems, but also to any entity using AI systems, except when the AI system is used for personal, non-professional purposes.

Fines

Failure to comply with the above-mentioned AI practice bans is subject to an administrative fine of up to 35,000,000 EUR or, if the violator is a company, up to 7% of its total global turnover from the previous financial year, whichever is higher.

For any inquiries, please contact Elżbieta Delert-Wiącek – Managing Associate and Attorney in the Intellectual Property Law Department at Sadkowski and Partners.