EU AI Act: Enforcement & Penalties
Enforcement & Penalties [Art 99]
Citation: Art 99
Key rule (Art 99): Maximum fines under the EU AI Act are €35 million or 7% of global turnover for prohibited practices (whichever is higher). For high-risk violations: €15M or 3%. For other violations: €7.5M or 1.5%.
Regulators: National AI authorities (each member state designates own)
EU-level:
- European AI Office (general-purpose AI oversight)
- European AI Board (coordination)
Powers:
- Market surveillance
- Request documentation
- Order corrective actions
- Withdraw or recall AI systems
- Impose fines
Penalties [Art 99]:
| Violation | Maximum fine |
|---|---|
| Prohibited practices | €35M or 7% global turnover |
| High-risk obligations | €15M or 3% global turnover |
| Other requirements | €7.5M or 1.5% global turnover |
| Incorrect information | €7.5M or 1% global turnover |
SMEs and startups: proportionate caps apply
Source Text (Article 99 - Penalties)
Non-compliance with the prohibition of the AI practices referred to in Article 5 shall be subject to administrative fines of up to EUR 35,000,000 or, if the offender is an undertaking, up to 7% of its total worldwide annual turnover for the preceding financial year, whichever is higher.
Non-compliance of an AI system with any requirements or obligations under this Regulation… shall be subject to administrative fines of up to EUR 15,000,000 or, if the offender is an undertaking, up to 3% of its total worldwide annual turnover for the preceding financial year, whichever is higher.
The supply of incorrect, incomplete or misleading information… shall be subject to administrative fines of up to EUR 7,500,000 or… up to 1% of its total worldwide annual turnover…
Citation
Article 99, EU AI Act (Regulation 2024/1689)