Prohibited practices
The highest tier.
Your mandated EU point of contact under Article 22 of the AI Act
Member States set the penalties for AI Act infringements within the maximums of Article 99; the Commission fines providers of general-purpose AI models under Article 101.
| Infringement | Maximum fine |
|---|---|
| Prohibited AI practices (Article 5) | EUR 35 million or 7% of total worldwide annual turnover, whichever is higher |
| Obligations of providers, authorised representatives, importers, distributors, deployers and notified bodies, and transparency obligations | EUR 15 million or 3%, whichever is higher |
| Incorrect, incomplete or misleading information to notified bodies or authorities | EUR 7.5 million or 1%, whichever is higher |
| Providers of general-purpose AI models (Article 101) | EUR 15 million or 3%, whichever is higher |
For SMEs, including start-ups, each fine is capped at the lower of the two amounts. Regulation (EU) 2026/1744 extends tailored penalty caps to small mid-cap enterprises.
Obligations of authorised representatives under Article 22 fall into the EUR 15 million or 3% tier. That is one reason a representative reviews the provider's documentation before accepting a mandate, and must terminate it if the provider acts contrary to its obligations.
EUR 35 million or 7% of total worldwide annual turnover, whichever is higher, for prohibited AI practices.
Yes. For SMEs and start-ups each fine is capped at the lower of the fixed amount and the percentage.
The European Commission, under Article 101, up to EUR 15 million or 3% of worldwide annual turnover.
The highest tier.
Authorised representative duties.
Article 22 representation.
Note: This guide provides general information about Regulation (EU) 2024/1689 (AI Act) as amended by Regulation (EU) 2026/1744 (Digital Omnibus on AI), not legal advice. Last reviewed 5 October 2026.