Jurisdiction(s):
European Union

EU AI Act Article 5: Prohibited AI Practices—Scope, Examples, Enforcement and Contractual Considerations

Published by a LexisNexis EU Law expert

Practice notes

The EU Artificial Intelligence Act, Regulation (EU) 2024/1689, establishes a harmonised, EU‑wide legal regime for the regulation of AI technology across the EU. Under Article 5 of the EU AI Act, AI uses considered to present unacceptable risks to EU values and fundamental rights are prohibited. This Practice Note analyses each prohibited practice under Article 5, sets out associated enforcement and liability ramifications, and offers guidance on relevant contractual points.

For more information on the EU AI Act in general, see:

Practice Notes: The EU AI Act—snapshot
The EU AI Act and Checklist: Requirements under the EU AI Act—checklist.

For a list of all AI resources, see:

Practice Note: Artificial intelligence (AI) resource kit.

Background

Regulation (EU) 2024/1689—the EU Artificial Intelligence Act (EU AI Act)—creates a consistent, EU-wide legal framework for the regulation of AI technology. It follows a risk-based approach, categorising AI systems by the degree of risk they pose to health, safety and fundamental rights within the Union. For details on this classification, see Practice Note: The EU AI Act—The four-tiered risk framework. AI practices assessed as creating unacceptable risks to EU values and fundamental rights are prohibited under Article 5 of the EU...

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Web page updated on 21/05/2026

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