EdLaw
Remedies and penalties
The complaint right, the right to explanation of individual decision-making based on high-risk systems, the Article 99 penalty tiers, and the separate fine regime for general-purpose AI model providers.
Article 85 — Right to lodge a complaint with a market surveillance authority
Verbatim from EUR-Lex (consolidated text 02024R1689-20260727), via the Publications Office Cellar API.
Without prejudice to other administrative or judicial remedies, any natural or legal person having grounds to consider that there has been an infringement of the provisions of this Regulation may submit complaints to the relevant market surveillance authority.
In accordance with Regulation (EU) 2019/1020, such complaints shall be taken into account for the purpose of conducting market surveillance activities, and shall be handled in line with the dedicated procedures established therefor by the market surveillance authorities.
Article 86 — Right to explanation of individual decision-making
Verbatim from EUR-Lex (consolidated text 02024R1689-20260727), via the Publications Office Cellar API.
1. Any affected person subject to a decision which is taken by the deployer on the basis of the output from a high-risk AI system listed in Annex III, with the exception of systems listed under point 2 thereof, and which produces legal effects or similarly significantly affects that person in a way that they consider to have an adverse impact on their health, safety or fundamental rights shall have the right to obtain from the deployer clear and meaningful explanations of the role of the AI system in the decision-making procedure and the main elements of the decision taken.
2. Paragraph 1 shall not apply to the use of AI systems for which exceptions from, or restrictions to, the obligation under that paragraph follow from Union or national law in compliance with Union law.
3. This Article shall apply only to the extent that the right referred to in paragraph 1 is not otherwise provided for under Union law.
Article 99 — Penalties
Verbatim from EUR-Lex (consolidated text 02024R1689-20260727), via the Publications Office Cellar API.
1. In accordance with the terms and conditions laid down in this Regulation, Member States shall lay down the rules on penalties and other enforcement measures, which may also include administrative fines, warnings and non-monetary measures, applicable to any infringement of this Regulation by operators, and shall take all measures necessary to ensure that they are properly and effectively implemented, thereby taking into account the guidelines issued by the Commission pursuant to Article 96. The penalties provided for shall be effective, proportionate and dissuasive. The Member States shall take into account the interests of SMEs, including start-ups, and SMCs, and their economic viability when imposing penalties.
2. The Member States shall, without delay and at the latest by the date of entry into application, notify the Commission of the rules on penalties and of other enforcement measures referred to in paragraph 1, and shall notify it, without delay, of any subsequent amendment to them.
3. Non-compliance with the prohibition of the AI practices referred to in Article 5 shall be subject to administrative fines of up to EUR 35 000 000 or, if the offender is an undertaking, up to 7 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
4. Non-compliance with any of the following provisions related to operators or notified bodies, other than those laid down in Articles 5, shall be subject to administrative fines of up to EUR 15 000 000 or, if the offender is an undertaking, up to 3 % of its total worldwide annual turnover for the preceding financial year, whichever is higher:
- (a) obligations of providers pursuant to Article 16;
- (b) obligations of authorised representatives pursuant to Article 22;
- (c) obligations of importers pursuant to Article 23;
- (d) obligations of distributors pursuant to Article 24;
- (da) obligations of providers and operators pursuant to Article 25(2) and (4);
- (e) obligations of deployers pursuant to Article 26;
- (f) requirements and obligations of notified bodies pursuant to Article 31, Article 33(1), (3) and (4) or Article 34;
- (g) transparency obligations for providers and deployers pursuant to Article 50.
5. The supply of incorrect, incomplete or misleading information to notified bodies or national competent authorities in reply to a request shall be subject to administrative fines of up to EUR 7 500 000 or, if the offender is an undertaking, up to 1 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.
6. In the case of SMEs, including start-ups, each fine referred to in this Article shall be up to the percentages or amount referred to in paragraphs 3, 4 and 5, whichever thereof is lower.
6a. In the case of SMCs, each fine referred to in paragraphs 4 and 5 shall be up to the percentages or amount referred therein, whichever is lower.
7. When deciding whether to impose an administrative fine and when deciding on the amount of the administrative fine in each individual case, all relevant circumstances of the specific situation shall be taken into account and, as appropriate, regard shall be given to the following:
- (a) the nature, gravity and duration of the infringement and of its consequences, taking into account the purpose of the AI system, as well as, where appropriate, the number of affected persons and the level of damage suffered by them;
- (b) whether administrative fines have already been applied by other market surveillance authorities to the same operator for the same infringement;
- (c) whether administrative fines have already been applied by other authorities to the same operator for infringements of other Union or national law, when such infringements result from the same activity or omission constituting a relevant infringement of this Regulation;
- (d) the size, the annual turnover and market share of the operator committing the infringement;
- (e) any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement;
- (f) the degree of cooperation with the national competent authorities, in order to remedy the infringement and mitigate the possible adverse effects of the infringement;
- (g) the degree of responsibility of the operator taking into account the technical and organisational measures implemented by it;
- (h) the manner in which the infringement became known to the national competent authorities, in particular whether, and if so to what extent, the operator notified the infringement;
- (i) the intentional or negligent character of the infringement;
- (j) any action taken by the operator to mitigate the harm suffered by the affected persons.
8. Each Member State shall lay down rules on to what extent administrative fines may be imposed on public authorities and bodies established in that Member State.
9. Depending on the legal system of the Member States, the rules on administrative fines may be applied in such a manner that the fines are imposed by competent national courts or by other bodies, as applicable in those Member States. The application of such rules in those Member States shall have an equivalent effect.
10. The exercise of powers under this Article shall be subject to appropriate procedural safeguards in accordance with Union and national law, including effective judicial remedies and due process.
11. Member States shall, on an annual basis, report to the Commission about the administrative fines they have issued during that year, in accordance with this Article, and about any related litigation or judicial proceedings.
Article 101 — Fines for providers of general-purpose AI models
Verbatim from EUR-Lex (consolidated text 02024R1689-20260727), via the Publications Office Cellar API.
1. The Commission may impose on providers of general-purpose AI models fines not exceeding 3 % of their annual total worldwide turnover in the preceding financial year or EUR 15 000 000 , whichever is higher., when the Commission finds that the provider intentionally or negligently:
- (a) infringed the relevant provisions of this Regulation;
- (b) failed to comply with a request for a document or for information pursuant to Article 91, or supplied incorrect, incomplete or misleading information;
- (c) failed to comply with a measure requested under Article 93;
- (d) failed to make available to the Commission access to the general-purpose AI model or general-purpose AI model with systemic risk with a view to conducting an evaluation pursuant to Article 92.
In fixing the amount of the fine or periodic penalty payment, regard shall be had to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness. The Commission shall also into account commitments made in accordance with Article 93(3) or made in relevant codes of practice in accordance with Article 56.
2. Before adopting the decision pursuant to paragraph 1, the Commission shall communicate its preliminary findings to the provider of the general-purpose AI model and give it an opportunity to be heard.
4. Information on fines imposed under this Article shall also be communicated to the Board as appropriate.
5. The Court of Justice of the European Union shall have unlimited jurisdiction to review decisions of the Commission fixing a fine under this Article. It may cancel, reduce or increase the fine imposed.
6. The Commission shall adopt implementing acts containing detailed arrangements and procedural safeguards for proceedings in view of the possible adoption of decisions pursuant to paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 98(2).
Sources
- EUR-Lex — Regulation (EU) 2024/1689 (AI Act), consolidated text 02024R1689-20260727
- EUR-Lex — Regulation (EU) 2026/1744 (Digital Omnibus on AI), the amending act
- European Commission AI Office — guidance and codes of practice
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All text above is reproduced verbatim from the EUR-Lex consolidated EU AI Act (CELEX 02024R1689-20260727 — Regulation (EU) 2024/1689 as amended by Regulation (EU) 2026/1744), extracted mechanically via the Publications Office Cellar API. Each article and annex carries the official ELI identifier as a trailing attribute anchor (e.g. {#art_5}), which also works as a fragment on the EUR-Lex HTML view; paragraphs and points carry derived anchors built from the unit id and their printed labels (e.g. {#art_5-1-f}). Consolidation markers (▼M1/▼B) are omitted.