On February 4, 2025, the European Commission published new guidelines on prohibited AI practices under the AI Act (hereinafter, the “Guidelines”), providing essential clarifications on the scope and interpretation of AI-related restrictions. The Guidelines aim to enhance clarity and provide insights into the Commission’s interpretation of the prohibited practices under Article 5 of the AI Act.
The AI Act classifies AI systems into different risk categories, including prohibited systems, high-risk systems, and those subject to transparency obligations. In particular, the Guidelines address prohibited practices such as harmful manipulation, social scoring, and real-time remote biometric identification. The document seeks to ensure a consistent, effective, and uniform application of the AI Act across the European Union.
While the Guidelines provide valuable information on the European Commission’s interpretation of these prohibitions, they are still in draft form and, even when finalized, are not legally binding. The ultimate interpretation of the AI Act’s provisions falls under the jurisdiction of the Court of Justice of the European Union (CJEU).
The Guidelines offer practical examples of application, clarifications on which practices fall outside the scope of the prohibition, and recommended measures to prevent the development or use of AI systems in a prohibited manner.