Direct answer
Does our system fall under the definition of an AI system (Article 3)?
You describe: You are unsure whether software, a computational model or a rule-based system legally qualifies as an AI system and thus falls under the regulation. Likely role: provider and deployer alike.
This applies now
- Article 4: AI literacyApplicable
Coming up
- Annex III: high-risk AIfrom 2 December 2027
The Article 3 definition centres on a machine-based system that, with some autonomy, infers from input how to generate output such as predictions, recommendations or decisions, and that may be adaptive after deployment. Classic software that only executes predefined rules generally falls outside it. Record the assessment per system; the conclusion "not an AI system" belongs in the register too.
Your first actions
- Classify the use case and document the outcome. Assess Article 5, Article 6 and Annex III in that order and document purpose, context and any Article 6(3) exception.
- Take role- and context-specific AI literacy measures. Determine for each role, system and context which combination of instruction, guidance, practice or training is appropriate.
Record this
- Article 6 and Annex III classification record
- AI literacy measures record
General interpretation, not legal advice. Checked against Regulation (EU) 2024/1689 and the Digital Omnibus (EU) 2026/1744; the official source remains authoritative.
Full map for your situationFollow-up questions
Execution
Record the classification in an AI register
A classification without a register and ownership is not demonstrable. Embed AI guides classification, register and reassessment in a fixed approach.
See the Embed AI approach