{
  "title": "EU AI Act fines, as in force 27 July 2026",
  "in_force": "27 July 2026",
  "last_updated": "2026-09-05",
  "instrument": "Regulation (EU) 2024/1689 as amended by Digital Omnibus on AI (2026/1744)",
  "lead": "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.",
  "rows": [
    {
      "id": "eu-ai-act-art-99-3",
      "claim": "Article 99(3) prohibited-practice fines",
      "answer": "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.",
      "caveats": [
        "This 7% / €35m band is Article 5 (prohibited practices), not GPAI systemic-risk fines.",
        "SMEs, including start-ups, take the lower of the percentage and the euro amount (Art. 99(6)).",
        "New Art. 5(1)(ba)/(bb) NCIC/CSAM prohibitions (Omnibus) sit in this same Art. 5 / 99(3) band.",
        "Operative text is 2024/1689 as amended by Digital Omnibus on AI (2026/1744) from 27 July 2026. Art. 99/101 fine percentages were not rewritten; high-risk Chapter III ss 1–3 application dates were delayed.",
        "Epistemic citation, not legal advice."
      ],
      "citations": [
        {
          "title": "Article 99: Penalties — EU Artificial Intelligence Act",
          "url": "https://artificialintelligenceact.eu/article/99/"
        },
        {
          "title": "Regulation (EU) 2024/1689 as amended 27 July 2026 — EUR-Lex",
          "url": "https://eur-lex.europa.eu/eli/reg/2024/1689/2026-07-27"
        },
        {
          "title": "Regulation (EU) 2026/1744 — Digital Omnibus on AI",
          "url": "https://eur-lex.europa.eu/eli/reg/2026/1744/oj"
        }
      ]
    },
    {
      "id": "eu-ai-act-art-99-4",
      "claim": "Article 99(4) other operator / notified-body fines",
      "answer": "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.",
      "caveats": [
        "Not the Article 5 7% band and not the Article 101 GPAI band, even though both also use 3% / €15m in other places.",
        "SMEs take the lower of the two (Art. 99(6)). Small mid-caps take the lower for Art. 99(4) and 99(5) (Art. 99(6a), Omnibus).",
        "Operative text is 2024/1689 as amended by Digital Omnibus on AI (2026/1744) from 27 July 2026. Art. 99/101 fine percentages were not rewritten; high-risk Chapter III ss 1–3 application dates were delayed.",
        "Epistemic citation, not legal advice."
      ],
      "citations": [
        {
          "title": "Article 99: Penalties — EU Artificial Intelligence Act",
          "url": "https://artificialintelligenceact.eu/article/99/"
        },
        {
          "title": "Regulation (EU) 2024/1689 as amended 27 July 2026 — EUR-Lex",
          "url": "https://eur-lex.europa.eu/eli/reg/2024/1689/2026-07-27"
        },
        {
          "title": "Regulation (EU) 2026/1744 — Digital Omnibus on AI",
          "url": "https://eur-lex.europa.eu/eli/reg/2026/1744/oj"
        }
      ]
    },
    {
      "id": "eu-ai-act-art-99-5",
      "claim": "Article 99(5) incorrect information to authorities",
      "answer": "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%.",
      "caveats": [
        "SMEs take the lower of the two (Art. 99(6)). SMCs take the lower for this paragraph (Art. 99(6a)).",
        "Operative text is 2024/1689 as amended by Digital Omnibus on AI (2026/1744) from 27 July 2026. Art. 99/101 fine percentages were not rewritten; high-risk Chapter III ss 1–3 application dates were delayed.",
        "Epistemic citation, not legal advice."
      ],
      "citations": [
        {
          "title": "Article 99: Penalties — EU Artificial Intelligence Act",
          "url": "https://artificialintelligenceact.eu/article/99/"
        },
        {
          "title": "Regulation (EU) 2024/1689 as amended 27 July 2026 — EUR-Lex",
          "url": "https://eur-lex.europa.eu/eli/reg/2024/1689/2026-07-27"
        },
        {
          "title": "Regulation (EU) 2026/1744 — Digital Omnibus on AI",
          "url": "https://eur-lex.europa.eu/eli/reg/2026/1744/oj"
        }
      ]
    },
    {
      "id": "eu-ai-act-art-99-6-sme",
      "claim": "Article 99(6) SME fines take the lower amount",
      "answer": "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.",
      "caveats": [
        "Operative text is 2024/1689 as amended by Digital Omnibus on AI (2026/1744) from 27 July 2026. Art. 99/101 fine percentages were not rewritten; high-risk Chapter III ss 1–3 application dates were delayed.",
        "Epistemic citation, not legal advice."
      ],
      "citations": [
        {
          "title": "Article 99: Penalties — EU Artificial Intelligence Act",
          "url": "https://artificialintelligenceact.eu/article/99/"
        },
        {
          "title": "Regulation (EU) 2024/1689 as amended 27 July 2026 — EUR-Lex",
          "url": "https://eur-lex.europa.eu/eli/reg/2024/1689/2026-07-27"
        }
      ]
    },
    {
      "id": "eu-ai-act-art-101-gpai",
      "claim": "Article 101 GPAI provider fines, including systemic-risk models",
      "answer": "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.",
      "caveats": [
        "If the claim is 'systemic risk GPAI fines are 7%', that is wrong. Use 3% / €15m / Article 101.",
        "'Systemic risk' here is the Art. 51 GPAI class, not an Article 5 prohibited practice.",
        "A GPAI provider that itself places a prohibited Art. 5 practice on the market can still face the Art. 99(3) 7% operator band — that is not the Art. 101 GPAI-model-provider fine.",
        "Operative text is 2024/1689 as amended by Digital Omnibus on AI (2026/1744) from 27 July 2026. Art. 99/101 fine percentages were not rewritten; high-risk Chapter III ss 1–3 application dates were delayed.",
        "Epistemic citation, not legal advice."
      ],
      "citations": [
        {
          "title": "Article 101: Fines for Providers of General-Purpose AI Models",
          "url": "https://artificialintelligenceact.eu/article/101/"
        },
        {
          "title": "Regulation (EU) 2024/1689 as amended 27 July 2026 — EUR-Lex",
          "url": "https://eur-lex.europa.eu/eli/reg/2024/1689/2026-07-27"
        },
        {
          "title": "Regulation (EU) 2026/1744 — Digital Omnibus on AI",
          "url": "https://eur-lex.europa.eu/eli/reg/2026/1744/oj"
        }
      ]
    },
    {
      "id": "eu-ai-act-art-51-systemic-risk",
      "claim": "Article 51 classifies systemic-risk GPAI; it does not set the fine",
      "answer": "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).",
      "caveats": [
        "The 10^25 FLOP figure is a presumption of high-impact capabilities, not a fine.",
        "Operative text is 2024/1689 as amended by Digital Omnibus on AI (2026/1744) from 27 July 2026. Art. 99/101 fine percentages were not rewritten; high-risk Chapter III ss 1–3 application dates were delayed.",
        "Epistemic citation, not legal advice."
      ],
      "citations": [
        {
          "title": "Article 51: Classification of GPAI Models with Systemic Risk",
          "url": "https://artificialintelligenceact.eu/article/51/"
        },
        {
          "title": "Regulation (EU) 2024/1689 as amended 27 July 2026 — EUR-Lex",
          "url": "https://eur-lex.europa.eu/eli/reg/2024/1689/2026-07-27"
        }
      ]
    },
    {
      "id": "eu-ai-act-omnibus-2026-1744",
      "claim": "Digital Omnibus on AI (2026/1744) amends the Act; it does not repeal Art. 99/101 fines",
      "answer": "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).",
      "caveats": [
        "Do not treat the high-risk date delay as a repeal of penalties.",
        "Epistemic citation, not legal advice."
      ],
      "citations": [
        {
          "title": "Regulation (EU) 2026/1744 — Digital Omnibus on AI",
          "url": "https://eur-lex.europa.eu/eli/reg/2026/1744/oj"
        },
        {
          "title": "Regulation (EU) 2024/1689 as amended 27 July 2026 — EUR-Lex",
          "url": "https://eur-lex.europa.eu/eli/reg/2024/1689/2026-07-27"
        }
      ]
    },
    {
      "id": "eu-ai-act-has-penalties",
      "claim": "The EU AI Act provides for administrative fines",
      "answer": "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.",
      "caveats": [
        "Operative text is 2024/1689 as amended by Digital Omnibus on AI (2026/1744) from 27 July 2026. Art. 99/101 fine percentages were not rewritten; high-risk Chapter III ss 1–3 application dates were delayed.",
        "Epistemic citation, not legal advice."
      ],
      "citations": [
        {
          "title": "Article 99: Penalties — EU Artificial Intelligence Act",
          "url": "https://artificialintelligenceact.eu/article/99/"
        },
        {
          "title": "Article 101: Fines for Providers of General-Purpose AI Models",
          "url": "https://artificialintelligenceact.eu/article/101/"
        },
        {
          "title": "Regulation (EU) 2026/1744 — Digital Omnibus on AI",
          "url": "https://eur-lex.europa.eu/eli/reg/2026/1744/oj"
        }
      ]
    }
  ],
  "policy": "This table is the registry. Paid check_claim stamps a claim against it. It will not reassure you."
}