Risk-Based AI Regulation

Risk-Based AI Regulation

Risk-based AI regulation is the EU AI Act's method of matching legal obligations to the intensity and scope of risks created by AI systems and general-purpose AI models.

Key points

  • The Act explicitly says a clearly defined risk-based approach should tailor binding rules to the intensity and scope of AI risk [src-085].
  • The strongest layer is prohibition: certain manipulative, exploitative, social scoring, biometric, emotion-recognition, facial-scraping, and predictive-policing uses are treated as unacceptable risk [src-085].
  • The next layer is High-Risk AI Systems, where systems in product-safety contexts or Annex III domains must meet lifecycle requirements before and after market entry [src-085].
  • A separate transparency layer applies to AI systems that interact with people, generate synthetic content, operate emotion-recognition or biometric-categorisation systems, or produce public-interest text/deepfakes [src-085].
  • General-purpose AI models receive model-provider obligations even before they are integrated into downstream systems, with additional duties for systemic-risk models [src-085].
  • The Act also includes innovation support, especially regulatory sandboxes and codes of conduct for voluntary adoption of high-risk-style controls by lower-risk systems [src-085].

Related entities

Related concepts

Source references

  • [src-085] European Parliament and Council of the European Union – "Regulation (EU) 2024/1689 … (Artificial Intelligence Act)" (2024-07-12)