As of February 2, 2025, the provisions of the Artificial Intelligence Act (AI Act) have entered into force, introducing bans on the use of particularly high-risk AI systems within the European Union. This marks a major regulatory shift for companies and organizations utilizing AI-based technologies. Below, we explain which practices are prohibited and what this means for business operators.

Prohibited AI Practices – What Does Article 5 of the AI Act Cover?

The AI Act precisely defines which applications of artificial intelligence are considered excessively risky and will be prohibited in the EU. The banned practices include:

  • Manipulation and subliminal techniques – AI systems that use manipulative methods, mislead users, or operate outside their conscious awareness.
  • Exploitation of individual vulnerabilities – AI systems that exploit vulnerabilities related to age, disability, or socio-economic status.
  • Social scoring – Classifying individuals based on behavior, personality traits, or predicted characteristics.
  • Criminal profiling – Assessing the risk of committing a crime based solely on a person’s profile.
  • Unfocused biometric data collection – Gathering biometric data from the internet or public surveillance to build facial recognition databases.
  • Emotion analysis in workplaces and education – AI systems may not be used to assess emotions in employment or educational settings, unless for medical or safety purposes.
  • Biometric categorization – Systems that classify individuals based on biometric data to determine race, political beliefs, union membership, religion, or sexual orientation (except for law enforcement).
  • Real-time remote biometric identification in public spaces – Prohibited unless strictly necessary for specific purposes, such as criminal prosecution.

AI Literacy – A New Obligation for Companies

In addition to the bans, the AI Act introduces educational obligations. Under Article 4, providers and users of AI systems must ensure that their employees possess adequate knowledge and skills in artificial intelligence. This means organizing training and upskilling for individuals working with AI.

What Does the AI Act Mean for Your Company?

The new regulations apply to any company that uses, markets, or develops AI systems. It is advisable to begin compliance efforts now to avoid potential sanctions and legal risks:

  • Conducting an AI systems audit – Identifying potentially risky AI applications within the organization.
  • Employee training – Ensuring compliance with the AI Literacy requirement.
  • Adjusting internal policies – Verifying alignment with the new regulatory framework.

Need support in complying with the AI Act? Destrier Law Firm’s experts assist companies in adapting to the new AI Act provisions. Contact us to conduct an audit, develop compliance strategies, and ensure your organization’s legal safety.

Get in touch with us today!