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Am I affected by the EU AI Act?

A free self-assessment tool

The EU AI Act is coming and introduces a new set of rules and obligations to those using or deploying AI systems within the EU.

This free and comprehensive questionnaire helps you to classify the risk level of our AI system and to understand what you will need to do under the EU AI Act.

If you would like to learn more about the new regulation, its risk classifications, obligations and its timeline, take a look at our EU AI Act page.

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Do I need to comply with the EU AI Act?

If you are using or developing an AI system, you may need to comply with the EU AI Act. Take this self-assessment to quickly check if the AI Act applies to you and which obligations you will need to fulfill.

What counts as an AI system?
The AI Act defines an AI system as "a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments" (Article 3 of the AI Act).

This assessment assumes that you are making use of such a system.

Are you developing or procuring an AI system?

Developing or procuring the AI system has an impact on your potential obligations under the EU AI Act.

Hint
: Fine-tuning is likely considered developing, while retrieval augmented generation likely is not considered developing under the Act. If you are merely integrating and using a third-party AI system without any modification, you are not considered as a developer.

Do you make the AI system available within the EU?

Meaning: Are you the first one supplying the AI system for distribution or use on the EU market in the course of a commercial activity (whether for payment or free of charge)?

Are you putting the AI system into service in the EU?

Meaning: Are you the first one supplying the AI system directly to a deployer ("user"), including yourself?

Hint: Both for internal or external use of the AI system.

Are you doing so under your own name or trademark?

Meaning: The AI system is associated with your organization.

Did you substantially modify the AI system or change it's intended purpose?

Changing an AI system (in it's intended purpose) after it has been already placed on the market or been put into operation can impact your obligations under the EU AI Act.

Will you integrate the AI system as a safety component into the following products and put your name or trademark on it?

The relevant products include (see Annex I, section A of the AI Act):
Machinery, toy safety, recreational craft or personal watercraft, lifts and it's safety components, equipment and protective systems in potentially explosive atmospheres, radio equipment, pressure equipment, cableway installations, personal protective equipment, appliances to burn gaseous fuels, medical devices and in-vitro diagnostic medical devices.

Are you located or established in the EU?

Will the output of the AI system be used (by recipients) in the EU?

This can also be true even though you are not based in the EU.

Are you carrying out the AI Act obligations on behalf of an AI system provider?

Meaning: You are authorized by written mandate to represent a provider who is based outside the EU.

Are you using the AI system purely for personal, non-professional activities?

There are some exemptions (see Article 2 in the AI Act).

Is your AI system a GPAI system?

A general-purpose AI system is based on a foundational model, which is trained on a large amount of data and can perform various distinct tasks (see Article 3 in the AI Act).

Does your AI system pursue one of the following purposes?

There are some exemptions (see Article 2 in the AI Act).

Is your AI system released under a free and open-source license?

There are some exemptions (see Article 2 in the AI Act).

Can your AI system be used for one of the following purposes?

There are some prohibited use-cases (see Article 5 in the AI Act).

Does your GPAI model have high capabilities?

GPAI models that have high capabilities pose systemic risks (see Article 51 in the AI Act).

The model has high capabilities if one of these conditions is met:
- The cumulative amount of computing power (used for training) is above 10^25 FLOPS
- The European Commission classifies the GPAI model as a model with high capabilities (e.g. due to the number of parameters, the input or output modalities, or to the reach in the EU market, for instance when the GPAI model is accessible to at least 10,000 business users)

Can you argue that your GPAI model does not have a systemic risk?

GPAI models that have high capabilities pose systemic risks (see Article 51 in the AI Act). If you have sufficiently substantiated arguments that demonstrate to the European Commission that your GPAI model cannot pose a systemic risk, you can avoid additional obligations (see Article 52 in the AI Act).

Is the GPAI free and open-source?

GPAI models that are released under a free and open-source license that allows for the access, usage, modification, and distribution of the model, and whose parameters, including the weights, the information on the model architecture, and the information on model usage, are made publicly available, can avoid additional obligations (see Article 53 in the AI Act).

Is your AI system used in one of the following products or sectors?

There are some use-cases that are always classified as high-risk if they act as a safety component of already regulated products or if the system itself is an already regulated product (see Article 6 or Annex I in the AI Act)

Is your AI system used in one of the following products or sectors?

There are some use-cases that are always classified as high-risk if they act as a safety component of already regulated products or if the system itself is an already regulated product (see Article 6 or Annex I in the AI Act)

Do you need to undergo a third-party conformity assessment?

When you are required to undergo a third-party conformity assessment for your regulated product from the prior question, you'll likely need to comply with the EU AI Act. Please check the applicable laws of your product category (see Annex I, Section A in the AI Act).

Is your AI system used in one of the following areas?

There are some use-cases that are classified as high-risk because they can significantly harm people or their fundamental rights if the AI system fails or is misused. (see Article 6 or Annex III in the AI Act)

Can you argue that the high-risk AI system is not harmful?

A high-risk AI system is not considered posing significant harm to the health, safety or fundamental rights of people if at least one of these conditions is met:

- The AI system performs a narrow procedural task
- The AI system only improves the result of a previous human activity
- The AI system only detects deviations from previous decision patterns and does not replace or influence the human assessment
- The AI system is intended to perform a preparatory task to an assessment relevant for the purposes of the use cases listed in Annex III

Can your AI system be used for one of the following purposes?

There are some use-cases that are subject to transparency obligations (see Article 50 in the AI Act).

Can your AI system be used for one of the following purposes?

There are some use-cases that are subject to transparency obligations (see Article 50 in the AI Act).

Your Result:

It seems that you are out of the scope of the EU AI Act

Please review Article 2 of the EU AI Act to validate that you are out of scope.

Although you will likely not have mandatory obligations under the AI Act, setting up a proper AI Governance has multiple positive business impacts. For example, you can increase user acceptance and adoption rates of your AI systems by up to 50%.

Your Result:

It seems that you have no obligations under the EU AI Act

Please review Article 95 of the EU AI Act to apply the voluntary code of conduct.

As a provider or deployer you will still need to ensure an appropriate level of AI literacy among your employees (see Article 4 of the EU AI Act).

Although you will likely not have mandatory obligations under the AI Act, setting up a proper AI Governance has multiple positive business impacts. For example, you can increase user acceptance and adoption rates of your AI systems by up to 50%.

Your Result:

It seems that you are exempted from the EU AI Act

Please review Article 2 of the EU AI Act. Depending on your context, you still may have obligations to fulfil, for instance handing over technical documentation to a downstream provider, obligations from other (product-specific) regulations, or ensuring an appropriate level of AI literacy among your employees (see Article 4 of the EU AI Act).

Although you will likely not have mandatory obligations under the AI Act, setting up a proper AI Governance has multiple positive business impacts. For example, you can increase user acceptance and adoption rates of your AI systems by up to 50%.

Your Result:

It seems that you are a provider of a high-risk AI system under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system providers (see Article 16).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider of a high-risk AI system under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system providers (see Article 16).

You will likely need to comply with the transparency obligations for providers (see Article 50).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider of a high-risk GPAI system
under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system providers (see Article 16).

You will likely need to comply with the obligations of GPAI system providers (see Article 53).

You will likely need to comply with the transparency obligations for providers (see Article 50).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider of a high-risk GPAI system
under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system providers (see Article 16).

You will likely need to comply with the obligations of GPAI system providers (see Article 53).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider of a high-risk GPAI system
under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system providers (see Article 16).

You will likely need to comply with the obligations of systemic-risk GPAI system providers (see Article 53 and 55).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider of a high-risk GPAI system
under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system providers (see Article 16).

You will likely need to comply with the obligations of systemic-risk GPAI system providers (see Article 53 and 55).

You will likely need to comply with the transparency obligations for providers (see Article 50).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider and deployer of a high-risk GPAI system under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system providers and deployers (see Article 16 and 26).

You will likely need to comply with the obligations of systemic-risk GPAI system providers (see Article 53 and 55).

You will likely need to comply with the transparency obligations for providers and deployers (see Article 50).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider and deployer of a high-risk GPAI system under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system providers and deployers (see Article 16 and 26).

You will likely need to comply with the obligations of GPAI system providers (see Article 53).

You will likely need to comply with the transparency obligations for providers and deployers (see Article 50).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider and deployer of a high-risk AI system under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system providers and deployers (see Article 16 and 26).

You will likely need to comply with the transparency obligations for providers and deployers (see Article 50).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider and deployer of a high-risk AI system under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system providers and deployers (see Article 16 and 26).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider and deployer of a high-risk GPAI system under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system providers and deployers (see Article 16 and 26).

You will likely need to comply with the obligations of systemic-risk GPAI system providers (see Article 53 and 55).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider and deployer of a high-risk GPAI system under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system providers and deployers (see Article 16 and 26).

You will likely need to comply with the obligations of a GPAI system providers (see Article 53).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider and deployer of a GPAI system under the EU AI Act

You will likely need to comply with the obligations of systemic-risk GPAI system providers (see Article 53 and 55).

You will likely need to comply with the transparency obligations for providers and deployers (see Article 50).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider and deployer of a GPAI system under the EU AI Act

You will likely need to comply with the obligations of GPAI system providers (see Article 53).

You will likely need to comply with the transparency obligations for providers and deployers (see Article 50).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider and deployer of an AI system with limited risk under the EU AI Act

You will likely need to comply with the transparency obligations for providers and deployers (see Article 50).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider of a GPAI system under the EU AI Act

You will likely need to comply with the obligations of systemic-risk GPAI system providers (see Article 53 and 55).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider of a GPAI system under the EU AI Act

You will likely need to comply with the obligations of GPAI system providers (see Article 53).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider of a GPAI system under the EU AI Act

You will likely need to comply with the obligations of systemic-risk GPAI system providers (see Article 53 and 55).

You will likely need to comply with the transparency obligations for providers (see Article 50).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider of a GPAI system under the EU AI Act

You will likely need to comply with the obligations of GPAI system providers (see Article 53).

You will likely need to comply with the transparency obligations for providers (see Article 50).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a provider of an AI system with limited risk under the EU AI Act

You will likely need to comply with the transparency obligations for providers (see Article 50).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a deployer of a high-risk AI system under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system deployers (see Article 26).

You will likely need to comply with the transparency obligations for deployers (see Article 50).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a deployer of an AI system with limited risk under the EU AI Act

You will likely need to comply with the transparency obligations for deployers (see Article 50).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are a deployer of a high-risk AI system under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system deployers (see Article 26).

You will also need to ensure an appropriate level of AI literacy among your employees (see Article 4).

Your Result:

It seems that you are an importer of a high-risk AI system under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system importers (see Article 23).

Your Result:

It seems that you are an importer or distributor of a high-risk AI system under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system importers and distributors (see Article 23 and 24).

Your Result:

It seems that you are a distributor of a high-risk AI system under the EU AI Act

You will likely need to comply with the obligations for high-risk AI system distributors (see Article 24).

Your Result:

It seems that you are an authorized representative of a high-risk AI system provider under the EU AI Act

You will likely need to comply with the obligations for authorized representatives (see Article 22).

Your Result:

It seems that you are an authorized representative of a high-risk GPAI system provider under the EU AI Act

You will likely need to comply with the obligations for authorized representatives (see Article 22 and 53).

Your Result:

It seems that you are an authorized representative of a GPAI system provider under the EU AI Act

You will likely need to comply with the obligations for authorized representatives (see Article 53).

Your Result:

It seems that your AI system is prohibited under the EU AI Act

Please review Article 5 of the EU AI Act.

Interested in learning more?

Connect with our AI Act experts to review your individual case, and learn how you can use or develop AI responsibly in your organization with our actionable governance framework.

We got your role!

It seems that you are a provider under the EU AI Act

We got your role!

It seems that you are a deployer under the EU AI Act

We got your role!

It seems that you are both a provider and deployer under the EU AI Act

We got your role!

It seems that you are a distributor under the EU AI Act

We got your role!

It seems that you are an importer under the EU AI Act

We got your role!

It seems that you are an importer and a distributor under the EU AI Act

We got your role!

It seems that you are an authorized representative under the EU AI Act

Thank you! Your submission has been received!

You can learn more about the EU AI Act here, where we cover all parts from timeline to risk classifications and obligations. If you are currently looking for a solution to facilitate the EU AI Act compliance process, feel free to check out our software platform - the trail AI Governance Copilot.

If you have any questions or feedback, reach out to hello@trail-ml.com.

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Last updated on 20th of June 2024