Prohibited Article 5 practices: up to 7% of worldwide turnover or €35m, whichever is higher. GPAI-provider fines under Article 101 are 3% or €15m, not 7%. Systemic-risk classification (Article 51) is not a penalty. Unknown is valid. Not legal advice.
Instrument: Regulation (EU) 2024/1689 as amended by Digital Omnibus on AI (2026/1744). Last updated 2026-09-05. In force 27 July 2026.
| id | claim | answer | citations |
|---|---|---|---|
eu-ai-act-art-99-3 |
Article 99(3) prohibited-practice fines | Regulation (EU) 2024/1689 Article 99(3): non-compliance with the Article 5 prohibitions is subject to administrative fines of up to EUR 35 000 000 or, if the offender is an undertaking, up to 7% of total worldwide annual turnover for the preceding financial year, whichever is higher. | Article 99: Penalties — EU Artificial Intelligence Act Regulation (EU) 2024/1689 as amended 27 July 2026 — EUR-Lex Regulation (EU) 2026/1744 — Digital Omnibus on AI |
eu-ai-act-art-99-4 |
Article 99(4) other operator / notified-body fines | Article 99(4): non-compliance with listed operator or notified-body provisions other than Article 5 (provider Art. 16, authorised representative Art. 22, importer Art. 23, distributor Art. 24, certain Art. 25 duties, deployer Art. 26, notified-body Arts. 31/33/34, transparency Art. 50) is subject to fines of up to EUR 15 000 000 or 3% of worldwide annual turnover, whichever is higher. | Article 99: Penalties — EU Artificial Intelligence Act Regulation (EU) 2024/1689 as amended 27 July 2026 — EUR-Lex Regulation (EU) 2026/1744 — Digital Omnibus on AI |
eu-ai-act-art-99-5 |
Article 99(5) incorrect information to authorities | Article 99(5): supplying incorrect, incomplete or misleading information to notified bodies or national competent authorities in reply to a request is subject to fines of up to EUR 7 500 000 or 1% of worldwide annual turnover, whichever is higher — not 1.5%. | Article 99: Penalties — EU Artificial Intelligence Act Regulation (EU) 2024/1689 as amended 27 July 2026 — EUR-Lex Regulation (EU) 2026/1744 — Digital Omnibus on AI |
eu-ai-act-art-99-6-sme |
Article 99(6) SME fines take the lower amount | Article 99(6): for SMEs, including start-ups, each fine in Article 99(3)–(5) is up to the percentages or the euro amount referred to in those paragraphs, whichever is lower. Article 99(6a) (Omnibus): small mid-caps take the lower of the two for paragraphs 4 and 5 only. Undertakings that are not SMEs (and, for 99(3), not SMCs) take whichever is higher. | Article 99: Penalties — EU Artificial Intelligence Act Regulation (EU) 2024/1689 as amended 27 July 2026 — EUR-Lex |
eu-ai-act-art-101-gpai |
Article 101 GPAI provider fines, including systemic-risk models | Article 101: the Commission may fine providers of general-purpose AI models up to 3% of annual total worldwide turnover in the preceding financial year or EUR 15 000 000, whichever is higher, for listed intentional or negligent breaches (including failure to give evaluation access to a GPAI model with systemic risk under Art. 92). This is not the Article 5 / Article 99(3) 7% band. | Article 101: Fines for Providers of General-Purpose AI Models Regulation (EU) 2024/1689 as amended 27 July 2026 — EUR-Lex Regulation (EU) 2026/1744 — Digital Omnibus on AI |
eu-ai-act-art-51-systemic-risk |
Article 51 classifies systemic-risk GPAI; it does not set the fine | Article 51 classifies a general-purpose AI model as a GPAI model with systemic risk if it has high-impact capabilities or the Commission so decides (Annex XIII). A model is presumed to have high-impact capabilities when cumulative training compute exceeds 10^25 FLOP. Classification is not a penalty article; GPAI provider fines sit in Article 101 (3% / €15m). | Article 51: Classification of GPAI Models with Systemic Risk Regulation (EU) 2024/1689 as amended 27 July 2026 — EUR-Lex |
eu-ai-act-omnibus-2026-1744 |
Digital Omnibus on AI (2026/1744) amends the Act; it does not repeal Art. 99/101 fines | Regulation (EU) 2026/1744 (Digital Omnibus on AI) entered into force on 27 July 2026 and amends 2024/1689. High-risk Chapter III sections 1–3 are delayed: Annex III stand-alone systems to 2 December 2027, Annex I product-embedded systems to 2 August 2028. Article 99 and 101 fine tiers were not rewritten. Art. 99(6a) lets small mid-caps take the lower of the euro cap and the turnover percentage for Art. 99(4) and 99(5). New Art. 5(1)(ba)/(bb) NCIC/CSAM prohibitions remain Article 5 prohibitions (99(3) band). | Regulation (EU) 2026/1744 — Digital Omnibus on AI Regulation (EU) 2024/1689 as amended 27 July 2026 — EUR-Lex |
eu-ai-act-has-penalties |
The EU AI Act provides for administrative fines | The Act does impose administrative fines. Operator fines are in Article 99 (Member State enforcement; three euro/turnover tiers). GPAI-provider fines are in Article 101 (Commission; 3% or €15m, whichever is higher). Claiming the Act has no fines or penalties is false. Digital Omnibus 2026/1744 did not repeal those penalty articles. | Article 99: Penalties — EU Artificial Intelligence Act Article 101: Fines for Providers of General-Purpose AI Models Regulation (EU) 2026/1744 — Digital Omnibus on AI |
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