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prohibited
Manipulation
AI using subliminal or purposefully manipulative/deceptive techniques to materially distort a person's behaviour causing significant harm
Art. 5(1)(a)
Circumvents informed decision-making via covert techniques with material harm.
Banned outright — no compliance path, must not be deployed in the EU.
prohibited
Exploitation of vulnerabilities
AI exploiting vulnerabilities due to age, disability, or a specific social/economic situation to distort behaviour causing significant harm
Art. 5(1)(b)
Targets known vulnerable groups to their detriment.
Banned outright.
prohibited
Social scoring
General-purpose social scoring of individuals by public or private actors leading to detrimental or unfavourable treatment unrelated to the context in which data was generated
Art. 5(1)(c)
Cross-context behavioural scoring with punitive real-world consequences.
Banned outright.
prohibited
Predictive policing
AI assessing the risk of an individual committing a criminal offence based solely on profiling or personality traits
Art. 5(1)(d)
Pure profiling-based individual crime prediction without objective, verifiable facts.
Banned outright (narrow law-enforcement support tools that add to a human assessment based on objective facts may fall outside this ban — case-by-case legal analysis required).
prohibited
Biometric database scraping
Untargeted scraping of facial images from the internet or CCTV to build/expand a facial recognition database
Art. 5(1)(e)
Mass, non-consensual biometric data collection with no targeting.
Banned outright.
prohibited
Emotion recognition at work/school
Inferring emotions in the workplace or education institutions
Art. 5(1)(f)
High risk of misuse in power-imbalanced settings.
Banned, except narrow medical or safety-reason exceptions.
prohibited
Biometric categorisation (sensitive traits)
Categorising individuals by biometric data to infer race, political opinions, trade union membership, religious/philosophical beliefs, sex life or sexual orientation
Art. 5(1)(g)
Infers special-category data from biometrics.
Banned, narrow exception for lawfully labelling/filtering lawfully acquired biometric datasets or law-enforcement content moderation.
prohibited
Real-time remote biometric ID in public spaces (law enforcement)
Real-time remote biometric identification in publicly accessible spaces for law enforcement purposes
Art. 5(1)(h)
Mass surveillance risk in public spaces.
Banned by default; narrow, judicially-authorised exceptions (e.g. victim search, specific terrorist threat, serious crime suspect search).
high_risk
Biometrics
Remote biometric identification systems (non-real-time / post-event)
AI 2024/1689 Annex III(1)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Biometrics
Biometric categorisation systems inferring sensitive or protected attributes (where not prohibited)
Annex III(1)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Biometrics
Emotion recognition systems outside the prohibited work/education contexts
Annex III(1)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Critical infrastructure
Safety component managing/operating critical digital infrastructure, road traffic, or water/gas/heating/electricity supply
Annex III(2)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Education
AI determining access/admission to educational institutions
Annex III(3)(a)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Education
AI evaluating learning outcomes, including those used to steer a student's learning process
Annex III(3)(b)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Education
AI assessing the appropriate level of education for an individual
Annex III(3)(c)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Education
AI monitoring/detecting prohibited behaviour of students during tests
Annex III(3)(d)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Employment
AI used for recruitment or selection of natural persons, including targeted job ads and screening applications
Annex III(4)(a)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Employment
AI making decisions on promotion/termination, allocating tasks based on personality/characteristics, or monitoring/evaluating performance and behaviour
Annex III(4)(b)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Essential services
AI evaluating eligibility for essential public assistance benefits and services
Annex III(5)(a)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Essential services
AI evaluating creditworthiness or establishing credit scores (except fraud-detection use)
Annex III(5)(b)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Essential services
AI for risk assessment and pricing of life and health insurance
Annex III(5)(c)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Essential services
AI evaluating/classifying emergency calls or dispatching emergency first-response services
Annex III(5)(d)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Law enforcement
AI assessing an individual's risk of offending or reoffending, or risk for potential victims
Annex III(6)(a)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Law enforcement
Polygraphs and similar tools used by law enforcement
Annex III(6)(b)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Law enforcement
AI evaluating evidence reliability in criminal investigations/prosecutions
Annex III(6)(c)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Migration/border
AI used as polygraphs or to assess risk posed by a natural person entering/having entered a Member State
Annex III(7)(a)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Migration/border
AI examining asylum, visa or residence permit applications and associated complaints
Annex III(7)(b)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Justice/democracy
AI assisting judicial authorities in researching/interpreting facts and applying the law
Annex III(8)(a)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
high_risk
Justice/democracy
AI intended to influence the outcome of an election/referendum or voting behaviour
Annex III(8)(b)
Falls within an Annex III use-case category referenced by Article 6(2).
Risk management system, data governance, technical documentation, logging, transparency to deployers, human oversight, accuracy/robustness/cybersecurity, conformity assessment, EU database registration (Art. 8-15, 49).
limited_risk
Conversational AI
Chatbot or voice assistant interacting directly with natural persons
Art. 50(1)
Interacts with or affects natural persons in a way that materially benefits from disclosure.
Must disclose to the person that they are interacting with an AI system, unless obvious from context.
limited_risk
Synthetic content
AI generating or manipulating image, audio or video content (deepfakes)
Art. 50(4)
Interacts with or affects natural persons in a way that materially benefits from disclosure.
Content must be marked as AI-generated/manipulated in a machine-readable, detectable way.
limited_risk
Synthetic text
AI generating or manipulating text published to inform the public on matters of public interest
Art. 50(4)
Interacts with or affects natural persons in a way that materially benefits from disclosure.
Must disclose the text was AI-generated, unless human-reviewed/edited with editorial responsibility.
limited_risk
Emotion/biometric (non-prohibited use)
Emotion recognition or biometric categorisation system deployed outside prohibited contexts
Art. 50(3)
Interacts with or affects natural persons in a way that materially benefits from disclosure.
Must inform the natural persons exposed to the system of its operation; process personal data per GDPR.
minimal_risk
Productivity
AI-powered spam filter
No Annex III/Art. 5/50 trigger
Not high-risk, prohibited, or subject to Art. 50 transparency duties.
No AI Act-specific obligations; voluntary codes of conduct (Art. 95) encouraged. Other law (GDPR, sector rules) may still apply.
minimal_risk
Entertainment
AI-enabled non-player-character behaviour in video games
No Annex III/Art. 5/50 trigger
Same — minimal risk.
No AI Act-specific obligations; voluntary codes of conduct (Art. 95) encouraged. Other law (GDPR, sector rules) may still apply.
minimal_risk
Operations
AI-based inventory or demand-forecasting system with no Annex III use-case
No Annex III/Art. 5/50 trigger
Same — minimal risk.
No AI Act-specific obligations; voluntary codes of conduct (Art. 95) encouraged. Other law (GDPR, sector rules) may still apply.
minimal_risk
Customer support
Internal AI ticket-routing/classification tool not interacting directly with the public
No Annex III/Art. 5/50 trigger
Same — minimal risk, though GDPR still applies if personal data is processed.
No AI Act-specific obligations; voluntary codes of conduct (Art. 95) encouraged. Other law (GDPR, sector rules) may still apply.
gpai
Foundation models
Provider placing a general-purpose AI model on the EU market
Art. 53
GPAI providers have obligations regardless of downstream use-case risk tier.
Technical documentation, training-data summary, copyright policy, information to downstream providers.
gpai_systemic_risk
Foundation models
GPAI model classified as having systemic risk (e.g. by training compute >10^25 FLOPs, or Commission designation)
Art. 51, 55
Additional risk from scale/capability of the model itself.
Model evaluation & adversarial testing, systemic risk assessment/mitigation, incident reporting, cybersecurity protections.

EU AI Act Risk Classification Reference

See also: the training and test data for the Devseis AI Act Classifier v5 is in Devseis/devseis-ai-act-classifier-v5-data. This repo is the reference table the tier definitions came from.

A structured reference table mapping AI system use-cases to their EU AI Act (Regulation (EU) 2024/1689) risk tier — prohibited, high-risk, limited-risk (transparency), minimal-risk, or general-purpose AI (GPAI) — with the relevant Article/Annex citation and a summary of key obligations.

Compiled by Devseis, a Luxembourg cybersecurity, data protection and AI governance consultancy, from the Regulation's own text (Article 5 prohibited practices, Annex III high-risk categories, Article 50 transparency obligations, Articles 51/53/55 GPAI obligations).

⚠️ Not legal advice

This is a reference starting point, not a compliance determination. The AI Act's Annex III scope has been, and continues to be, refined by European Commission guidance and delegated/implementing acts. Always verify against the current consolidated text and, for an actual system, get a proper legal/compliance assessment — this is exactly the kind of judgment call that depends on your specific system and deployment context.

Columns

Column Description
category prohibited / high_risk / limited_risk / minimal_risk / gpai / gpai_systemic_risk
domain Sector or use-case family
use_case Description of the AI system/use-case
legal_basis Article/Annex citation
rationale Why it falls in that tier
key_obligations What the Act requires for that tier

Used in

This reference table was the ground truth behind a follow-on experiment: Devseis/eu-ai-act-classifier-experiment tested whether a small classifier could learn these categories from examples grounded in this table (and later the Regulation's official text and Commission guidance directly). It didn't work reliably — see that repo for the full, honest results. A live, two-model comparison built on that experiment is at Devseis/Caveat.

License

CC-BY-4.0 — compiled from public regulatory text.

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