Direct answer
Does our AI use case fall under the prohibited practices?
You describe: You want to be sure an existing or planned AI use case does not fall under the Article 5 prohibition, such as manipulation, social scoring or certain biometrics. Likely role: provider and deployer alike.
This applies now
- Article 5: prohibited practicesApplicable
Coming up
- Annex III: high-risk AIfrom 2 December 2027
The prohibitions apply since 2 February 2025 and carry the highest fine ceiling: up to 35 million euro or 7 percent of worldwide annual turnover. Screen per concrete use and context; the same technique can be prohibited in one context and permitted in another.
Your first actions
- Screen every use case against Article 5 first. Before procurement, build or deployment, check whether the use case falls under a prohibited practice and stop or redesign early rather than after the fact.
- 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.
Record this
- Article 5 screening record
- Article 6 and Annex III classification 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
Demonstrably rule out prohibited practices
This prohibition is already enforceable and carries the highest fine ceiling. Embed AI includes the Article 5 screening as the first step of classification and delivers the screening record per system.
See the Embed AI approach