Article 5 — Prohibited AI practices

Official title, Regulation (EU) 2024/1689

Prohibited: predicting the risk that a person will commit a criminal offence, based solely on profiling or on assessing personality traits — does not cover systems supporting a human assessment already grounded in objective, verifiable facts

Who it binds: Every operator — provider, deployer, importer and distributor alike.
Evidence that discharges it: a written policy
Usually owned by: Legal
Severity: Critical — a gap here is the kind regulators act on first, and in the prohibitions it is not curable by documentation.

Does it apply to you?

Applicability under the Act is risk tier × operator role, not tier alone. This grid is computed by running the same function the assessment uses, so it cannot drift from what the product would tell you.

limited riskprovider, deployer, importer, distributor
high riskprovider, deployer, importer, distributor

Read against Regulation (EU) 2024/1689 as amended, consolidated text 02024R1689-20260727 (consolidation 001.001, incorporating Regulation (EU) 2026/1744). What we work from

Check which duties apply to you All obligations →