High-risk use case · Annex III §1

EU AI Act — Biometrics & emotion recognition

AI for remote biometric identification, biometric categorisation, or emotion recognition — subject to strict conditions and real-time public-space bans.

Key obligations apply from

2 August 2026

3d left

Risk tier

high risk

Full AI Act applies by Aug 2027 for remaining Annex I scope

Scope notes: Real-time remote biometric identification in publicly accessible spaces is prohibited except narrow law-enforcement exceptions. Other biometric AI in Annex III §1 is high-risk with enhanced oversight requirements.

First steps before 2 August 2026

  1. 1Determine whether your use case falls under Art. 5 prohibition or Annex III §1
  2. 2Implement human oversight and bias monitoring for high-risk biometric systems
  3. 3Document lawful basis and necessity for any permitted biometric identification

Who supervises you?

Market surveillance authorities in each Member State enforce the AI Act. The European AI Office supports coordination, GPAI oversight, and cross-border cases.

AI Act implementation & AI Office

Priority mandates for you

3 instruments
GuidelinesAdoptedPassedArt. 95

Prohibited AI practices — scope and application

Guidelines on the practical implementation of Art. 5 — prohibited manipulative techniques, social scoring, and real-time remote biometric identification.

Why it matters: First enforcement boundary — determines whether your AI system is outright banned before any conformity assessment.

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GuidelinesIn developmentAML overlap3d leftArt. 96

High-risk AI systems — requirements and conformity

Guidelines on the practical implementation of Chapter III requirements — risk management, data governance, transparency, human oversight, accuracy, and robustness (Art. 96(1)(a)).

Why it matters: Primary interpretive guide for Chapter III conformity once published — distinct from the Art. 6 classification consultation now open.

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GuidelinesIn developmentAML — financial3d leftArt. 97

Application of requirements to Annex III use cases

Guidelines on how Chapter III requirements apply to each category of high-risk AI listed in Annex III.

Why it matters: Maps abstract obligations to concrete use cases — essential for deployers in HR, credit, insurance, and biometrics.

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All rules for this roleAI Act on EUR-Lex

This page is an independent orientation guide — not legal advice. National implementation and sector-specific rules may apply. Always verify scope against the official AI Act text and your supervisor.