The AI Act pursues a risk-based approach to introduce a proportionate and effective binding set of rules for AI systems. AI systems are categorised according to their risk potential as unacceptable, high, low, and minimal risk. The AI Act defines risk as " the combination of the probability of harm and the severity of that harm" to public interests (health, safety, fundamental rights, including democracy, the rule of law and environmental protection) and individual interests. Damage can be material or immaterial in nature. It covers physical, psychological, social, or economic damage.
The General Purpose AI Models (GPAI) take a special position in this categorisation.
Some practices in connection with AI systems pose too high a risk in terms of the probability of harm occurring and the extent of harm to individual or public interests, which is why they are prohibited.
These include according to Article 5 AI Act:
As the name suggests, high-risk AI systems according to Article 6 AI Act pose a high risk in terms of the probability of damage occurring and the extent of damage to individual or public interests. However, high-risk AI systems are not prohibited per se; placing on the market or putting into services is only permitted under compliance with certain requirements. Such AI systems are listed in Annex I and III of the AI Act, among others:
Annex I - AI system is itself the product or is intended as a safety component of a product in the following areas regulated by Union law:
Annex III - AI system depending on area of use:
AI systems with "limited" risk are AI systems whose risk can be minimised through transparency. Such AI systems are not prohibited; providers and deployers are mainly subject to transparency obligations, such as informing persons that they are interacting with an AI system or that content has been artificially generated. AI systems with "limited" risk include the following systems in accordance with Article 50 AI Act:
All other AI systems are classified as those with "minimal" or no risk. They are not subject to any specific obligations under the AI Act; compliance with Codes of Practices is recommended but voluntary.
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