### 4. the board may invite external experts and observers to attend its meetings and may hold exchanges with interested third parties to inform its activities to an appropriate extent. to that end the commission may facilitate exchanges between the board and other union bodies , offices , agencies and advisory groups. ### 4. the board may invite external experts and observers. to that end the commission may facilitate exchanges between the board and other union bodies , offices , agencies and specialised bodies. the composition of the specialised body shall ensure fair representation of consumer organisations , civil society organisations and academics specialised on ai. its meetings and their minutes shall be published online.


### 4. the board may invite external experts and observers to attend its meetings and may hold exchanges with interested third parties to inform its activities to an appropriate extent. to that end the commission may facilitate exchanges between the board and other union bodies , offices , agencies and advisory groups. ### 4. the committee may invite external experts and observers. to that end the commission may facilitate exchanges between the board and other union bodies , offices , agencies and specialised groups. the composition of the specialised body shall guarantee fair representation of consumer organisations , civil society organisations and academics specialising in ai and in ethics. its meetings and their minutes shall be published online.


### 4. the board may invite external experts and observers to attend its meetings and may hold exchanges with interested third parties to inform its activities to an appropriate extent. to that end the commission may facilitate exchanges between the board and other union bodies , offices , agencies and advisory groups. ### 4. the board shall be reinforced on a technical level by the creation of a specialised body of external experts and observers. to that end the commission may facilitate exchanges between the board and other union bodies , offices , agencies and the specialised body. the composition of the specialised body shall ensure fair representation of consumer organisations , social partners , civil society organisations and academics specialised in ai. its meetings and their minutes shall be published online.


### 3. information contained in the eu database shall be accessible to the public. ### 3. the eu database and the information contained in it shall be freely available to the public , comply with the accessibility requirements of annex i to directive 2019/882 , and be user-friendly , navigable , and machine-readable , containing structured digital data based on a standardised protocol.


### 3. information contained in the eu database shall be accessible to the public. ### 3. information contained in the eu database shall be easily accessible to the public in the official languages of the union.


### 3. information contained in the eu database shall be accessible to the public. ### 3. information contained in the eu database shall be accessible to the public , comply with the accessibility requirements of annex i to directive 2019/882 , and be user-friendly , navigable , and machine-readable , containing structured digital data based on a standardised protocol.


### 4. the eu database shall contain personal data only insofar as necessary for collecting and processing information in accordance with this regulation. that information shall include the names and contact details of natural persons who are responsible for registering the system and have the legal authority to represent the provider. ### 4. the eu database shall contain personal data only insofar as necessary for collecting and processing information in accordance with this regulation. that information shall include the names and contact details of natural persons who are responsible for registering the system and have the legal authority to represent the provider , or the user.


### 4. the eu database shall contain personal data only insofar as necessary for collecting and processing information in accordance with this regulation. that information shall include the names and contact details of natural persons who are responsible for registering the system and have the legal authority to represent the provider. ### 4. the eu database shall contain personal data only insofar as necessary for collecting and processing information in accordance with this regulation. that information shall include the names and contact details of natural persons who are responsible for registering the system and have the legal authority to represent the provider or the user.


### 2. the post-market monitoring system shall actively and systematically collect , document and analyse relevant data provided by users or collected through other sources on the performance of high-risk ai systems throughout their lifetime , and allow the provider to evaluate the continuous compliance of ai systems with the requirements set out in title iii , chapter 2. ### 2. the post-market monitoring system shall actively and systematically collect , document and analyse relevant data provided by users or collected through other sources on the performance of high-risk ai systems throughout their lifetime , and allow the provider to evaluate the continuous compliance of ai systems with the requirements set out in title iii , chapter 2. post-market monitoring must include continuous analysis of the ai environment , including other devices , software , and other ai systems that will interact with the ai system.


### 2. the post-market monitoring system shall actively and systematically collect , document and analyse relevant data provided by users or collected through other sources on the performance of high-risk ai systems throughout their lifetime , and allow the provider to evaluate the continuous compliance of ai systems with the requirements set out in title iii , chapter 2. ### 2. the post-market monitoring system shall actively and systematically collect , document and analyse relevant data provided by users or collected through other sources on the performance of high-risk ai systems throughout their lifetime , and allow the provider to evaluate the continuous compliance of ai systems with the requirements set out in title iii , chapter 2.


### 1. ai systems presenting a risk shall be understood as a product presenting a risk defined in article 3 , point 19 of regulation (eu) 2019/1020 insofar as risks to the health or safety or to the protection of fundamental rights of persons are concerned. ### 1. ai systems presenting a risk shall be understood as a product presenting a risk defined in article 3 , point 19 of regulation (eu) 2019/1020 insofar as risks to the health or safety in general , including safety in the workplace , protection of consumers , the environment , or to the protection of fundamental rights of persons are concerned , including autonomy of choice , access to goods and services , unfair discrimination and economic harm , privacy and data protection , as well as societal risks.


### 3. codes of conduct may be drawn up by individual providers of ai systems or by organisations representing them or by both , including with the involvement of users and any interested stakeholders and their representative organisations. codes of conduct may cover one or more ai systems taking into account the similarity of the intended purpose of the relevant systems. ### 3. codes of conduct shall be drawn up by individual providers of ai systems or by organisations representing them or by both , including with the involvement of users and any interested stakeholders and their representative organisations. codes of conduct may cover one or more ai systems taking into account the similarity of the intended purpose of the relevant systems.


### 1. the commission shall assess the need for amendment of the list in annex iii once a year following the entry into force of this regulation. ### 1. the commission shall assess the need for amendment of the list in annex iii once a year following the entry into force of this regulation. these assessments shall be accessible to the public and forwarded to the relevant national authorities. they shall take into account the criteria set out in article 7(2).


### ai systems intended to be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons; ### ai systems that are or may be used for the ‘real-time’ and ‘post’ remote biometric identification of natural persons;


### ai systems intended to be used as safety components in the management and operation of road traffic and the supply of water , gas , heating and electricity. ### ai systems intended to be used as a component , the failure or malfunctioning of which endangers the health , safety or fundamental rights of persons or the safety of property , in the management , operation , generation and/or supply of the telecom , internet , and financial infrastructure , road , rail , air and water traffic , and the operation , management an/or supply of water , gas , heating , and electricity and energy(including nuclear power).


### ai systems intended to be used as safety components in the management and operation of road traffic and the supply of water , gas , heating and electricity. ### ai systems intended to be used as a component , the failure or malfunctioning of which endangers the health , safety or fundamental rights of persons or the safety of property , in the management , operation , generation and/or supply of the telecom , internet , and financial infrastructure , road , rail , air and water traffic , and the operation , management an/or supply of water , gas , heating , and electricity and energy (including nuclear power).


### ai intended to be used for making decisions on promotion and termination of work-related contractual relationships , for task allocation and for monitoring and evaluating performance and behavior of persons in such relationships. ### ai intended to be used for making decisions affecting the initiation , establishment , implementation and termination of an employment relationship , including ai systems intended to support collective legal and regulatory matters , particularly for task allocation and for monitoring and evaluating performance and behavior of persons in such relationships


### ai intended to be used for making decisions on promotion and termination of work-related contractual relationships , for task allocation and for monitoring and evaluating performance and behaviour of persons in such relationships. ### ai intended to be used for task allocation in work-related contractual relationships.


### (2) artificial intelligence systems (ai systems) can be easily deployed in multiple sectors of the economy and society , including cross border , and circulate throughout the union. certain member states have already explored the adoption of national rules to ensure that artificial intelligence is safe and is developed and used in compliance with fundamental rights obligations. differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use ai systems. a consistent and high level of protection throughout the union should therefore be ensured , while divergences hampering the free circulation of ai systems and related products and services within the internal market should be prevented , by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on article 114 of the treaty on the functioning of the european union (tfeu). to the extent that this regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of ai systems for ‘real-time’ remote biometric identification in publicly accessible spaces for the purpose of law enforcement , it is appropriate to base this regulation , in as far as those specific rules are concerned , on article 16 of the tfeu. in light of those specific rules and the recourse to article 16 tfeu , it is appropriate to consult the european data protection board. ### (2) artificial intelligence systems (ai systems) can be easily deployed in multiple sectors of the economy and society , including cross border , and circulate throughout the union. certain member states have already explored the adoption of national rules to ensure that artificial intelligence is safe and is developed and used in compliance with fundamental rights obligations. differing national rules may lead to fragmentation of the internal market and decrease legal certainty for operators that develop or use ai systems. a consistent and high level of protection throughout the union should therefore be ensured , while divergences hampering the free circulation of ai systems and related products and services within the internal market should be prevented , by laying down uniform obligations for operators and guaranteeing the uniform protection of overriding reasons of public interest and of rights of persons throughout the internal market based on article 114 of the treaty on the functioning of the european union (tfeu). to the extent that this regulation contains specific rules on the protection of individuals with regard to the processing of personal data concerning restrictions of the use of ai systems for ‘real-time’ remote biometric identification in publicly accessible and online spaces for the purpose of law enforcement , it is appropriate to base this regulation , in as far as those specific rules are concerned , on article 16 of the tfeu. in light of those specific rules and the recourse to article 16 tfeu , it is appropriate to consult the european data protection board.


### (4) at the same time , depending on the circumstances regarding its specific application and use , artificial intelligence may generate risks and cause harm to public interests and rights that are protected by union law. such harm might be material or immaterial. ### (4) at the same time , depending on the circumstances regarding its specific application and use , artificial intelligence may generate risks and cause harm to public interests and fundamental rights of people in employment and in learning and of socially active people that are protected by union law. such harm might be material or immaterial.


### (4) at the same time , depending on the circumstances regarding its specific application and use , artificial intelligence may generate risks and cause harm to public interests and rights that are protected by union law. such harm might be material or immaterial. ### (4) at the same time , depending on the circumstances regarding its specific application and use , artificial intelligence may generate risks and cause harm to public interests and rights that are protected by union law. such harm might be material or immaterial and might affect one or more persons , a groups of persons or society as a whole , as well as the environment.


### (4) at the same time , depending on the circumstances regarding its specific application and use , artificial intelligence may generate risks and cause harm to public interests and rights that are protected by union law. such harm might be material or immaterial. ### (4) at the same time , depending on the circumstances regarding its specific application and use , artificial intelligence may generate risks and cause harm to public interests and rights that are protected by union law , especially groups that are marginalised and already vulnerable. such harm might be material or immaterial and affect people and the environment. under the guise of mitigating climate change , through efficient use of resources and energy , ai risks aggravating the situation instead , as additional usage could cancel out any energy savings if usage is not prioritised.


### (9) for the purposes of this regulation the notion of publicly accessible space should be understood as referring to any physical place that is accessible to the public , irrespective of whether the place in question is privately or publicly owned. therefore , the notion does not cover places that are private in nature and normally not freely accessible for third parties , including law enforcement authorities , unless those parties have been specifically invited or authorised , such as homes , private clubs , offices , warehouses and factories. online spaces are not covered either , as they are not physical spaces. however , the mere fact that certain conditions for accessing a particular space may apply , such as admission tickets or age restrictions , does not mean that the space is not publicly accessible within the meaning of this regulation. consequently , in addition to public spaces such as streets , relevant parts of government buildings and most transport infrastructure , spaces such as cinemas , theatres , shops and shopping centres are normally also publicly accessible. whether a given space is accessible to the public should however be determined on a case-by-case basis , having regard to the specificities of the individual situation at hand. ### (9) for the purposes of this regulation the notion of publicly accessible space should be understood as referring to any physical or virtual place that is accessible to the public , irrespective of whether the place in question is privately or publicly owned or owned on a non-profit basis. therefore , the notion does not cover places that are private in nature and normally not freely accessible for third parties , including law enforcement authorities , unless those parties have been specifically invited or authorised , such as homes , private clubs , offices , warehouses and virtual protected spaces. however , the mere fact that certain conditions for accessing a particular space may apply , such as admission tickets or age restrictions , does not mean that the space is not publicly accessible within the meaning of this regulation. consequently , in addition to public spaces such as streets , parks , sports complexes , relevant parts of government buildings and most transport infrastructure , spaces such as cinemas , theatres , museums , libraries , shops and shopping centres are normally also publicly accessible. whether a given space is accessible to the public should however be determined on a case-by-case basis , having regard to the specificities of the individual situation at hand as regards the use made of that space.


### (9) for the purposes of this regulation the notion of publicly accessible space should be understood as referring to any physical place that is accessible to the public , irrespective of whether the place in question is privately or publicly owned. therefore , the notion does not cover places that are private in nature and normally not freely accessible for third parties , including law enforcement authorities , unless those parties have been specifically invited or authorised , such as homes , private clubs , offices , warehouses and factories. online spaces are not covered either , as they are not physical spaces. however , the mere fact that certain conditions for accessing a particular space may apply , such as admission tickets or age restrictions , does not mean that the space is not publicly accessible within the meaning of this regulation. consequently , in addition to public spaces such as streets , relevant parts of government buildings and most transport infrastructure , spaces such as cinemas , theatres , shops and shopping centres are normally also publicly accessible. whether a given space is accessible to the public should however be determined on a case-by-case basis , having regard to the specificities of the individual situation at hand. ### (9) for the purposes of this regulation the notion of publicly accessible space should be understood as referring to any physical place that is accessible to the public , irrespective of whether the place in question is privately or publicly owned. therefore , the notion does not cover places that are private in nature and normally not freely accessible for third parties , including law enforcement authorities , unless those parties have been specifically invited or authorised , such as homes , private clubs , offices , warehouses and factories. however , the mere fact that certain conditions for accessing a particular space may apply , such as admission tickets or age restrictions , does not mean that the space is not publicly accessible within the meaning of this regulation. consequently , in addition to online and public spaces such as streets , relevant parts of government buildings and most transport infrastructure , spaces such as cinemas , theatres , shops and shopping centres are normally also publicly accessible. whether a given space is accessible to the public should however be determined on a case-by-case basis , having regard to the specificities of the individual situation at hand.


### (15) aside from the many beneficial uses of artificial intelligence , that technology can also be misused and provide novel and powerful tools for manipulative , exploitative and social control practices. such practices are particularly harmful and should be prohibited because they contradict union values of respect for human dignity , freedom , equality , democracy and the rule of law and union fundamental rights , including the right to non-discrimination , data protection and privacy and the rights of the child. ### (15) aside from the many beneficial uses of artificial intelligence , that technology can also be misused and provide novel and powerful tools for manipulative , exploitative and social control practices. such practices are particularly harmful and should be prohibited because they contradict union values of respect for human dignity , freedom , equality , democracy and the rule of law and union fundamental rights , including the right to non-discrimination , employee protection , data protection and privacy and the rights of the child.


### (16) the placing on the market , putting into service or use of certain ai systems intended to distort human behaviour , whereby physical or psychological harms are likely to occur , should be forbidden. such ai systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age , physical or mental incapacities. they do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. the intention may not be presumed if the distortion of human behaviour results from factors external to the ai system which are outside of the control of the provider or the user. research for legitimate purposes in relation to such ai systems should not be stifled by the prohibition , if such research does not amount to use of the ai system in human-machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research. ### (16) the placing on the market , putting into service or use of certain ai systems intended to distort human behaviour , whereby physical or psychological harms are likely to occur , should be forbidden. such ai systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age , physical or mental incapacities. they do so by materially distorting the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. research for legitimate purposes in relation to such ai systems should not be stifled by the prohibition , if such research does not amount to use of the ai system in human-machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.


### (17) ai systems providing social scoring of natural persons for general purpose by public authorities or on their behalf may lead to discriminatory outcomes and the exclusion of certain groups. they may violate the right to dignity and non-discrimination and the values of equality and justice. such ai systems evaluate or classify the trustworthiness of natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics. the social score obtained from such ai systems may lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social contexts , which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. such ai systems should be therefore prohibited. ### (17) ai systems providing social scoring of natural persons for general purpose may lead to discriminatory outcomes and the exclusion of certain groups. they may violate the right to dignity and non-discrimination and the values of equality and justice. such ai systems evaluate or classify the trustworthiness , interests and abilities of natural persons based on their social behaviour in multiple contexts or known or predicted personal , personality or identity characteristics. such ai systems should be therefore prohibited.


### (17) ai systems providing social scoring of natural persons for general purpose by public authorities or on their behalf may lead to discriminatory outcomes and the exclusion of certain groups. they may violate the right to dignity and non-discrimination and the values of equality and justice. such ai systems evaluate or classify the trustworthiness of natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics. the social score obtained from such ai systems may lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social contexts , which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. such ai systems should be therefore prohibited. ### (17) ai systems providing social scoring of natural persons for general purpose by public authorities or on their behalf may lead to discriminatory outcomes and the exclusion of certain groups. they violate the right to dignity and non-discrimination and the values of equality and justice. such ai systems evaluate or classify natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics. the social score obtained from such ai systems lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social contexts , which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. such ai systems should be therefore prohibited.


### (17) ai systems providing social scoring of natural persons for general purpose by public authorities or on their behalf may lead to discriminatory outcomes and the exclusion of certain groups. they may violate the right to dignity and non-discrimination and the values of equality and justice. such ai systems evaluate or classify the trustworthiness of natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics. the social score obtained from such ai systems may lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social contexts , which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. such ai systems should be therefore prohibited. ### (17) ai systems providing social scoring of natural persons for general purpose may lead to discriminatory outcomes and the exclusion of certain groups. they may violate the right to dignity and non-discrimination and the values of equality and justice. such ai systems evaluate or classify the trustworthiness of natural persons based on their social behaviour in multiple contexts or known or predicted personal or personality characteristics. the social score obtained from such ai systems may lead to the detrimental or unfavourable treatment of natural persons or whole groups thereof in social contexts , which are unrelated to the context in which the data was originally generated or collected or to a detrimental treatment that is disproportionate or unjustified to the gravity of their social behaviour. such ai systems should be therefore prohibited.


### (24) any processing of biometric data and other personal data involved in the use of ai systems for biometric identification , other than in connection to the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement as regulated by this regulation , including where those systems are used by competent authorities in publicly accessible spaces for other purposes than law enforcement , should continue to comply with all requirements resulting from article 9(1) of regulation (eu) 2016/679 , article 10(1) of regulation (eu) 2018/1725 and article 10 of directive (eu) 2016/680 , as applicable. ### deleted


### (35) ai systems used in education or vocational training , notably for determining access or assigning persons to educational and vocational training institutions or to evaluate persons on tests as part of or as a precondition for their education should be considered high-risk , since they may determine the educational and professional course of a person’s life and therefore affect their ability to secure their livelihood. when improperly designed and used , such systems may violate the right to education and training as well as the right not to be discriminated against and perpetuate historical patterns of discrimination. ### (35) ai systems used in education or vocational training , notably for determining access or assigning persons to educational and vocational training institutions or to evaluate persons on tests as part of or as a precondition for their education should be considered high-risk , since they may determine the educational and professional course of a person’s life and therefore affect their ability to secure their livelihood. when improperly designed and used , such systems may violate the right to education and training as well as the right not to be discriminated against and perpetuate historical patterns of discrimination. therefore , ai systems in education shall be prohibited to be used by public authorities in education of underaged children to meet the requirement in this regulation , to not exploit any of the vulnerabilities of the group of persons due to their age.


### (36) ai systems used in employment , workers management and access to self-employment , notably for the recruitment and selection of persons , for making decisions on promotion and termination and for task allocation , monitoring or evaluation of persons in work-related contractual relationships , should also be classified as high-risk , since those systems may appreciably impact future career prospects and livelihoods of these persons. relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the commission work programme 2021. such persons should in principle not be considered users within the meaning of this regulation. throughout the recruitment process and in the evaluation , promotion , or retention of persons in work-related contractual relationships , such systems may perpetuate historical patterns of discrimination , for example against women , certain age groups , persons with disabilities , or persons of certain racial or ethnic origins or sexual orientation. ai systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy. ### (36) ai systems used in employment , employment support , workers management and access to self-employment , notably for the recruitment and selection of persons , for making decisions on promotion and termination and for task allocation , monitoring or evaluation of persons in work-related contractual relationships , should also be classified as high-risk , since those systems may appreciably impact future career prospects and livelihoods of these persons. relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the commission work programme 2021. such persons should in principle not be considered users within the meaning of this regulation. throughout the recruitment process and in the evaluation , promotion , or retention of persons in work-related contractual relationships , such systems may perpetuate historical patterns of discrimination , for example against women , certain age groups , persons with disabilities , or persons of certain racial or ethnic origins or sexual orientation. ai systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy.


### (36) ai systems used in employment , workers management and access to self-employment , notably for the recruitment and selection of persons , for making decisions on promotion and termination and for task allocation , monitoring or evaluation of persons in work-related contractual relationships , should also be classified as high-risk , since those systems may appreciably impact future career prospects and livelihoods of these persons. relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the commission work programme 2021. such persons should in principle not be considered users within the meaning of this regulation. throughout the recruitment process and in the evaluation , promotion , or retention of persons in work-related contractual relationships , such systems may perpetuate historical patterns of discrimination , for example against women , certain age groups , persons with disabilities , or persons of certain racial or ethnic origins or sexual orientation. ai systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy. ### (36) ai systems used in employment , workers management and access to self-employment , notably but not limited to , for the recruitment and selection of persons , for making decisions on promotion and termination and for task allocation , monitoring or evaluation of persons in work-related contractual relationships , should also be classified as high-risk , since those systems impact future career prospects , livelihoods of these persons and workers’ rights. relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the commission work programme 2021. such persons should in principle not be considered users within the meaning of this regulation. throughout the recruitment process and in the evaluation , promotion , or retention of persons in work-related contractual relationships , such systems may perpetuate historical patterns of discrimination , for example against women , certain age groups , persons with disabilities , or persons of certain racial or ethnic origins or sexual orientation. ai systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy.


### (36) ai systems used in employment , workers management and access to self-employment , notably for the recruitment and selection of persons , for making decisions on promotion and termination and for task allocation , monitoring or evaluation of persons in work-related contractual relationships , should also be classified as high-risk , since those systems may appreciably impact future career prospects and livelihoods of these persons. relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the commission work programme 2021. such persons should in principle not be considered users within the meaning of this regulation. throughout the recruitment process and in the evaluation , promotion , or retention of persons in work-related contractual relationships , such systems may perpetuate historical patterns of discrimination , for example against women , certain age groups , persons with disabilities , or persons of certain racial or ethnic origins or sexual orientation. ai systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy. ### (36) ai systems used in employment , workers management and access to self-employment , notably , but not exclusively , for the recruitment and selection of persons , and for task allocation in work-related contractual relationships , should also be classified as high-risk , since those systems may appreciably impact future career prospects and livelihoods of these persons. use of ai systems for making decisions on promotion and termination and for organising monitoring and monitoring performance and personal behaviour should be classified as a prohibited practice. relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the commission work programme 2021. such persons should in principle not be considered users within the meaning of this regulation. throughout the recruitment process and in the evaluation , promotion , or retention of persons in work-related contractual relationships , such systems may perpetuate historical patterns of discrimination , for example against women , certain age groups , persons with disabilities , or persons of certain racial or ethnic origins or sexual orientation. ai systems used to monitor the performance and behaviour of these persons should be prohibited as they impact their rights to data protection and privacy.


### (36) ai systems used in employment , workers management and access to self-employment , notably for the recruitment and selection of persons , for making decisions on promotion and termination and for task allocation , monitoring or evaluation of persons in work-related contractual relationships , should also be classified as high-risk , since those systems may appreciably impact future career prospects and livelihoods of these persons. relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the commission work programme 2021. such persons should in principle not be considered users within the meaning of this regulation. throughout the recruitment process and in the evaluation , promotion , or retention of persons in work-related contractual relationships , such systems may perpetuate historical patterns of discrimination , for example against women , certain age groups , persons with disabilities , or persons of certain racial or ethnic origins or sexual orientation. ai systems used to monitor the performance and behaviour of these persons may also impact their rights to data protection and privacy. ### (36) ai systems used in employment , workers management and access to self-employment , notably for the recruitment and selection of persons , for making decisions on promotion and termination and for task allocation , monitoring or evaluation of persons in work-related contractual relationships , should also be prohibited , since those systems may appreciably impact the health , safety and security rules applicable in their work and at their workplaces and future career prospects and livelihoods of these persons. relevant work-related contractual relationships should involve employees and persons providing services through platforms as referred to in the commission work programme 2021. such persons should in principle not be considered users within the meaning of this regulation. throughout the recruitment process and in the evaluation , promotion , or retention of persons in work-related contractual relationships , such systems may perpetuate historical patterns of discrimination , for example against women , certain age groups , persons with disabilities , or persons of certain racial or ethnic origins or sexual orientation. ai systems used to monitor the performance and behaviour of these persons should also be prohibited , since they may impact their rights to data protection and privacy.


### (38) actions by law enforcement authorities involving certain uses of ai systems are characterised by a significant degree of power imbalance and may lead to surveillance , arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the charter. in particular , if the ai system is not trained with high quality data , does not meet adequate requirements in terms of its accuracy or robustness , or is not properly designed and tested before being put on the market or otherwise put into service , it may single out people in a discriminatory or otherwise incorrect or unjust manner. furthermore , the exercise of important procedural fundamental rights , such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence , could be hampered , in particular , where such ai systems are not sufficiently transparent , explainable and documented. it is therefore appropriate to classify as high-risk a number of ai systems intended to be used in the law enforcement context where accuracy , reliability and transparency is particularly important to avoid adverse impacts , retain public trust and ensure accountability and effective redress. in view of the nature of the activities in question and the risks relating thereto , those high-risk ai systems should include in particular ai systems intended to be used by law enforcement authorities for individual risk assessments , polygraphs and similar tools or to detect the emotional state of natural person , to detect ‘deep fakes’ , for the evaluation of the reliability of evidence in criminal proceedings , for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons , or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups , for profiling in the course of detection , investigation or prosecution of criminal offences , as well as for crime analytics regarding natural persons. ai systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk ai systems used by law enforcement authorities for the purposes of prevention , detection , investigation and prosecution of criminal offences. ### (38) actions by law enforcement authorities involving certain uses of ai systems are characterised by a significant degree of power imbalance and may lead to surveillance , arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the charter. in particular , if the ai system is not trained with high quality data , does not meet adequate requirements in terms of its accuracy or robustness , or is not properly designed and tested before being put on the market or otherwise put into service , it may single out people in a discriminatory or otherwise incorrect or unjust manner. furthermore , the exercise of important procedural fundamental rights , such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence , could be hampered , in particular , where such ai systems are not sufficiently transparent , explainable and documented and where a redress procedure is not foreseen. it is therefore appropriate to prohibit some ai systems intended to be used in the law enforcement context where accuracy , reliability and transparency is particularly important to avoid adverse impacts , retain public trust and ensure accountability and effective redress , including the availability of redress-by-design mechanisms and procedures. in view of the nature of the activities in question and the risks relating thereto , those prohibited systems should include in particular ai systems intended to be used by law enforcement authorities for individual risk assessments , polygraphs and similar tools or to detect the emotional state of natural person , for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons , or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups , for profiling in the course of detection , investigation or prosecution of criminal offences. ai systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be included in such a ban.


### (39) ai systems used in migration , asylum and border control management affect people who are often in particularly vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. the accuracy , non-discriminatory nature and transparency of the ai systems used in those contexts are therefore particularly important to guarantee the respect of the fundamental rights of the affected persons , notably their rights to free movement , non-discrimination , protection of private life and personal data , international protection and good administration. it is therefore appropriate to classify as high-risk ai systems intended to be used by the competent public authorities charged with tasks in the fields of migration , asylum and border control management as polygraphs and similar tools or to detect the emotional state of a natural person; for assessing certain risks posed by natural persons entering the territory of a member state or applying for visa or asylum; for verifying the authenticity of the relevant documents of natural persons; for assisting competent public authorities for the examination of applications for asylum , visa and residence permits and associated complaints with regard to the objective to establish the eligibility of the natural persons applying for a status. ai systems in the area of migration , asylum and border control management covered by this regulation should comply with the relevant procedural requirements set by the directive 2013/32/eu of the european parliament and of the council49 , the regulation (ec) no 810/2009 of the european parliament and of the council50 and other relevant legislation. ### (39) ai systems used in migration , asylum and border control management affect people who are often in particularly vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. the accuracy , non-discriminatory nature and transparency of the ai systems used in those contexts are therefore particularly important to guarantee the respect of the fundamental rights of the affected persons , notably their rights to free movement , non-discrimination , protection of private life and personal data , international protection and good administration. ai systems in the area of migration , asylum and border control management covered by this regulation should comply with the relevant procedural requirements set by the directive 2013/32/eu of the european parliament and of the council49 , the regulation (ec) no 810/2009 of the european parliament and of the council50 and other relevant legislation.


### (39) ai systems used in migration , asylum and border control management affect people who are often in particularly vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. the accuracy , non-discriminatory nature and transparency of the ai systems used in those contexts are therefore particularly important to guarantee the respect of the fundamental rights of the affected persons , notably their rights to free movement , non-discrimination , protection of private life and personal data , international protection and good administration. it is therefore appropriate to classify as high-risk ai systems intended to be used by the competent public authorities charged with tasks in the fields of migration , asylum and border control management as polygraphs and similar tools or to detect the emotional state of a natural person; for assessing certain risks posed by natural persons entering the territory of a member state or applying for visa or asylum; for verifying the authenticity of the relevant documents of natural persons; for assisting competent public authorities for the examination of applications for asylum , visa and residence permits and associated complaints with regard to the objective to establish the eligibility of the natural persons applying for a status. ai systems in the area of migration , asylum and border control management covered by this regulation should comply with the relevant procedural requirements set by the directive 2013/32/eu of the european parliament and of the council49 , the regulation (ec) no 810/2009 of the european parliament and of the council50 and other relevant legislation. ### (39) ai systems used in migration , asylum and border control management affect people who are often in particularly vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. the accuracy , non-discriminatory nature and transparency of the ai systems used in those contexts are therefore particularly important to guarantee the respect of the fundamental rights of the affected persons , notably their rights to free movement , non-discrimination , protection of private life and personal data , international protection and good administration. it is therefore appropriate to classify as prohibited ai systems intended to be used by the competent public authorities charged with tasks in the fields of migration , asylum and border control management as polygraphs and similar tools or to detect the emotional state of a natural person; for assessing certain risks posed by natural persons entering the territory of a member state or applying for visa or asylum; for verifying the authenticity of the relevant documents of natural persons; for assisting competent public authorities for the examination of applications for asylum , visa and residence permits and associated complaints with regard to the objective to establish the eligibility of the natural persons applying for a status. ai systems in the area of migration , asylum and border control management covered by this regulation should comply with the relevant procedural requirements set by the directive 2013/32/eu of the european parliament and of the council49 , the regulation (ec) no 810/2009 of the european parliament and of the council50 and other relevant legislation.


### (39) ai systems used in migration , asylum and border control management affect people who are often in particularly vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. the accuracy , non-discriminatory nature and transparency of the ai systems used in those contexts are therefore particularly important to guarantee the respect of the fundamental rights of the affected persons , notably their rights to free movement , non-discrimination , protection of private life and personal data , international protection and good administration. it is therefore appropriate to classify as high-risk ai systems intended to be used by the competent public authorities charged with tasks in the fields of migration , asylum and border control management as polygraphs and similar tools or to detect the emotional state of a natural person; for assessing certain risks posed by natural persons entering the territory of a member state or applying for visa or asylum; for verifying the authenticity of the relevant documents of natural persons; for assisting competent public authorities for the examination of applications for asylum , visa and residence permits and associated complaints with regard to the objective to establish the eligibility of the natural persons applying for a status. ai systems in the area of migration , asylum and border control management covered by this regulation should comply with the relevant procedural requirements set by the directive 2013/32/eu of the european parliament and of the council49 , the regulation (ec) no 810/2009 of the european parliament and of the council50 and other relevant legislation. ### (39) ai systems used in migration , asylum and border control management affect people who are often in particularly vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. the accuracy , non-discriminatory nature and transparency of the ai systems used in those contexts are therefore particularly important to guarantee the respect of the fundamental rights of the affected persons , notably their rights to free movement , non-discrimination , protection of private life and personal data , international protection and good administration. it is therefore appropriate to prohibit ai systems intended to be used by the competent public authorities charged with tasks in the fields of migration , asylum and border control management as polygraphs and similar tools or to detect the emotional state of a natural person; for assessing certain risks posed by natural persons entering the territory of a member state or applying for visa or asylum; other ai systems in the area of migration , asylum and border control management covered by this regulation should comply with the relevant procedural requirements set by the directive 2013/32/eu of the european parliament and of the council49 , the regulation (ec) no 810/2009 of the european parliament and of the council50 and other relevant legislation.


### (70) certain ai systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. in certain circumstances , the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk ai systems. in particular , natural persons should be notified that they are interacting with an ai system , unless this is obvious from the circumstances and the context of use. moreover , natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. such information and notifications should be provided in accessible formats for persons with disabilities. further , users , who use an ai system to generate or manipulate image , audio or video content that appreciably resembles existing persons , places or events and would falsely appear to a person to be authentic , should disclose that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin. ### (70) certain ai systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk ai systems. in particular , natural persons should be notified that they are interacting with an ai system. such information and notifications should be provided in accessible formats for persons with disabilities and those who are least familiar with digital technologies. further , users , who use an ai system to generate or manipulate image , audio or video content that appreciably resembles existing persons , places or events and would falsely appear to a person to be authentic , should disclose that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin.


### (70) certain ai systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. in certain circumstances , the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk ai systems. in particular , natural persons should be notified that they are interacting with an ai system , unless this is obvious from the circumstances and the context of use. moreover , natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. such information and notifications should be provided in accessible formats for persons with disabilities. further , users , who use an ai system to generate or manipulate image , audio or video content that appreciably resembles existing persons , places or events and would falsely appear to a person to be authentic , should disclose that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin. ### (70) certain ai systems intended to interact with natural persons or to generate content may pose specific risks of impersonation or deception irrespective of whether they qualify as high-risk or not. in certain circumstances , the use of these systems should therefore be subject to specific transparency obligations without prejudice to the requirements and obligations for high-risk ai systems. in particular , natural persons should be notified that they are interacting with an ai system , unless this is obvious from the circumstances and the context of use or where the content forms part of an evidently creative , artistic or fictional cinematographic or analogous work. moreover , natural persons should be notified when they are exposed to an emotion recognition system or a biometric categorisation system. such information and notifications should be provided in accessible formats for persons with disabilities. further , users , who use an ai system to generate or manipulate image , audio or video content that appreciably resembles existing persons , places or events and would falsely appear to a person to be authentic , should disclose in an appropriate , clear and transparent manner that the content has been artificially created or manipulated by labelling the artificial intelligence output accordingly and disclosing its artificial origin.


### (74) in order to minimise the risks to implementation resulting from lack of knowledge and expertise in the market as well as to facilitate compliance of providers and notified bodies with their obligations under this regulation , the ai-on demand platform , the european digital innovation hubs and the testing and experimentation facilities established by the commission and the member states at national or eu level should possibly contribute to the implementation of this regulation. within their respective mission and fields of competence , they may provide in particular technical and scientific support to providers and notified bodies. ### (74) in order to minimise the risks to implementation resulting from lack of knowledge and expertise in the market as well as to facilitate compliance of providers and notified bodies with their obligations under this regulation , the ai-on demand platform , the european digital innovation hubs and the testing and experimentation facilities established by the commission and the member states at national or eu level , as well as the enisa , the eu agency for fundamental rights , eige , and the european data protection supervisor should constantly contribute to the implementation of this regulation. within their respective mission and fields of competence , they may provide in particular technical and scientific support to providers and notified bodies.


### (81) the development of ai systems other than high-risk ai systems in accordance with the requirements of this regulation may lead to a larger uptake of trustworthy artificial intelligence in the union. providers of non-high-risk ai systems should be encouraged to create codes of conduct intended to foster the voluntary application of the mandatory requirements applicable to high-risk ai systems. providers should also be encouraged to apply on a voluntary basis additional requirements related , for example , to environmental sustainability , accessibility to persons with disability , stakeholders’ participation in the design and development of ai systems , and diversity of the development teams. the commission may develop initiatives , including of a sectorial nature , to facilitate the lowering of technical barriers hindering cross-border exchange of data for ai development , including on data access infrastructure , semantic and technical interoperability of different types of data. ### (81) the development of ai systems other than high-risk ai systems in accordance with the requirements of this regulation may lead to a larger uptake of trustworthy artificial intelligence in the union. providers of non-high-risk ai systems should create codes of conduct intended to foster the voluntary application of the mandatory requirements applicable to high-risk ai systems. providers should also apply additional requirements related , for example , to environmental sustainability , accessibility to persons with disability and those least familiar with digital technologies , stakeholders’ participation in the design and development of ai systems , and diversity of the development teams. the commission may develop initiatives , including of a sectorial nature , to facilitate the lowering of technical barriers hindering cross-border exchange of data for ai development , including on data access infrastructure , semantic and technical interoperability of different types of data.


### (85) in order to ensure that the regulatory framework can be adapted where necessary , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to amend the techniques and approaches referred to in annex i to define ai systems , the union harmonisation legislation listed in annex ii , the high-risk ai systems listed in annex iii , the provisions regarding technical documentation listed in annex iv , the content of the eu declaration of conformity in annex v , the provisions regarding the conformity assessment procedures in annex vi and vii and the provisions establishing the high-risk ai systems to which the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation should apply. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making58. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (85) in order to ensure that the regulatory framework can be adapted where necessary , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission to amend the techniques and approaches referred to in annex i to define ai systems , the union harmonisation legislation listed in annex ii , the high-risk ai systems listed in annex iii , the provisions regarding technical documentation listed in annex iv , the content of the eu declaration of conformity in annex v , the provisions regarding the conformity assessment procedures in annex vi and vii and the provisions establishing the high-risk ai systems to which the conformity assessment procedure based on assessment of the quality management system and assessment of the technical documentation should apply. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at the level of experts from different areas of society such as education , media and culture and from trade unions and consumer and data protection organisations , in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making58. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### harmonised rules for the placing on the market , the putting into service and the use of artificial intelligence systems (‘ai systems’) in the union; ### harmonised rules for the development , placing on the market , the putting into service and the use of artificial intelligence systems (‘ai systems’) in the union;


### harmonised rules for the placing on the market , the putting into service and the use of artificial intelligence systems (‘ai systems’) in the union; ### harmonised rules for the placing on the market , the putting into service and the use of human-centric and trustworthy artificial intelligence systems (‘ai systems’) in the union;


### (39) ‘publicly accessible space’ means any physical place accessible to the public , regardless of whether certain conditions for access may apply; ### (39) ‘publicly accessible space’ means any physical or virtual place accessible to the public , regardless of whether certain conditions for access may apply and regardless of form of ownership;


### the death of a person or serious damage to a person’s health , to property or the environment , ### the death of a person or serious damage to a person’s fundamental rights , health , safety or property , to democracy , the rule of law or the environment ,


### the placing on the market , putting into service or use of an ai system that exploits any of the vulnerabilities of a specific group of persons due to their age , physical or mental disability , in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm; ### the placing on the market , putting into service or use of an ai system that exploits any of the vulnerabilities of a person or a specific group of persons due to their age , physical or mental disability , in order to materially distort the behaviour of a person in a manner that causes or is likely to cause that person or another person economic , physical or psychological harm;


### the placing on the market , putting into service or use of ai systems by public authorities or on their behalf for the evaluation or classification of the trustworthiness of natural persons over a certain period of time based on their social behaviour or known or predicted personal or personality characteristics , with the social score leading to either or both of the following: ### the placing on the market , putting into service or use of ai systems for the evaluation or classification of the trustworthiness of natural persons over a certain period of time based on their social behaviour or known or predicted personal or personality characteristics , with the social score leading to either or both of the following:


### the placing on the market , putting into service or use of ai systems by public authorities or on their behalf for the evaluation or classification of the trustworthiness of natural persons over a certain period of time based on their social behaviour or known or predicted personal or personality characteristics , with the social score leading to either or both of the following: ### the placing on the market , putting into service or use of ai systems for the evaluation or classification of the trustworthiness of natural persons or groups thereof relating to their education , employment , housing , socio-economic situation , health , reliability , social behaviour , location or movements.


### the placing on the market , putting into service or use of ai systems by public authorities or on their behalf for the evaluation or classification of the trustworthiness of natural persons over a certain period of time based on their social behaviour or known or predicted personal or personality characteristics , with the social score leading to either or both of the following: ### the placing on the market , putting into service or use of ai systems by public authorities or on their behalf , or by private actors , for the evaluation or classification of the trustworthiness of natural persons over a certain period of time based on their social behaviour or known or predicted personal or personality characteristics , such as preferences , emotions , health or intelligence , with the social score leading to either or both of the following:


### the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement , unless and in as far as such use is strictly necessary for one of the following objectives: ### the use of remote biometric identification systems in publicly accessible spaces;


### the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement , unless and in as far as such use is strictly necessary for one of the following objectives: ### putting into service , by public and private entities or on their behalf , of remote biometric identification systems that are or may be used in publicly-accessible , including online , spaces; and the use of remote biometric identification systems in publicly accessible , including online , spaces , but without affecting employees who work in publicy accessibe spaces.


### in addition , the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall comply with necessary and proportionate safeguards and conditions in relation to the use , in particular as regards the temporal , geographic and personal limitations. ### in addition , the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall comply with necessary and proportionate safeguards and conditions in relation to the use , in particular as regards the temporal , geographic and personal limitations. this use shall be strictly proportionate and shall not result in any unjustified infringement of the protection of privacy and the fundamental rights protected by union law.


### 3. as regards paragraphs 1 , point (d) and 2 , each individual use for the purpose of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or by an independent administrative authority of the member state in which the use is to take place , issued upon a reasoned request and in accordance with the detailed rules of national law referred to in paragraph 4. however , in a duly justified situation of urgency , the use of the system may be commenced without an authorisation and the authorisation may be requested only during or after the use. ### 3. as regards paragraphs 1 , point (d) and 2 , each individual use for the purpose of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or by an independent administrative authority of the member state in which the use is to take place , issued upon a reasoned request and in accordance with the detailed rules of national law referred to in paragraph 4. however , in a duly justified situation of urgency , the use of the system may be commenced without an authorisation and the authorisation may be requested only during or after the use. such situations must continue to be exceptions. existing national law must be duly applied in these exceptional cases in order to guarantee respect for fundamental rights and freedoms. where prior authorisation was not granted , the national competent authorities shall subsequently assess whether use of a ‘real-time’ biometric identification system in publicly accessible spaces was justified.


### 3. as regards paragraphs 1 , point (d) and 2 , each individual use for the purpose of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or by an independent administrative authority of the member state in which the use is to take place , issued upon a reasoned request and in accordance with the detailed rules of national law referred to in paragraph 4. however , in a duly justified situation of urgency , the use of the system may be commenced without an authorisation and the authorisation may be requested only during or after the use. ### 3. as regards paragraphs 1 , point (d) and 2 , each individual use for the purpose of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or by an independent administrative authority of the member state in which the use is to take place , issued upon a reasoned request and in accordance with the detailed rules of national law referred to in paragraph 4. however , in a duly justified situation of urgency , the strictly proportionate use of the system may be commenced without an authorisation and the authorisation may be requested only during or after the use.


### 4. a member state may decide to provide for the possibility to fully or partially authorise the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement within the limits and under the conditions listed in paragraphs 1 , point (d) , 2 and 3. that member state shall lay down in its national law the necessary detailed rules for the request , issuance and exercise of , as well as supervision relating to , the authorisations referred to in paragraph 3. those rules shall also specify in respect of which of the objectives listed in paragraph 1 , point (d) , including which of the criminal offences referred to in point (iii) thereof , the competent authorities may be authorised to use those systems for the purpose of law enforcement. ### deleted


### 4. a member state may decide to provide for the possibility to fully or partially authorise the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement within the limits and under the conditions listed in paragraphs 1 , point (d) , 2 and 3. that member state shall lay down in its national law the necessary detailed rules for the request , issuance and exercise of , as well as supervision relating to , the authorisations referred to in paragraph 3. those rules shall also specify in respect of which of the objectives listed in paragraph 1 , point (d) , including which of the criminal offences referred to in point (iii) thereof , the competent authorities may be authorised to use those systems for the purpose of law enforcement. ### 4. a member state may decide to provide for the possibility to fully or partially authorise the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement within the limits and under the conditions listed in paragraphs 1 , point (d) , 2 and 3. that member state shall lay down in its national law the necessary detailed rules for the request , issuance and exercise of , as well as supervision relating to , the authorisations referred to in paragraph 3. those rules shall also specify in respect of which of the objectives listed in paragraph 1 , point (d) , including which of the criminal offences referred to in point (iii) thereof , the competent authorities may be authorised to use those systems for the purpose of law enforcement. the member states shall put in place the safeguards needed to ensure respect for fundamental rights.


### 8. when implementing the risk management system described in paragraphs 1 to 7 , specific consideration shall be given to whether the high-risk ai system is likely to be accessed by or have an impact on children. ### 8. when implementing the risk management system described in paragraphs 1 to 7 , specific consideration shall be given to whether the high-risk ai system is likely to be accessed by or have an impact on children , the elderly , refugees or other vulnerable groups.


### 1. high-risk ai systems shall be designed and developed in such a way to ensure that their operation is sufficiently transparent to enable users to interpret the system’s output and use it appropriately. an appropriate type and degree of transparency shall be ensured , with a view to achieving compliance with the relevant obligations of the user and of the provider set out in chapter 3 of this title. ### 1. high-risk ai systems shall be designed and developed in such a way to ensure that their operation is sufficiently transparent to enable users to interpret the system’s output and use it appropriately. a high degree of transparency shall be ensured , with a view to achieving compliance with the relevant obligations of the user and of the provider set out in chapter 3 of this title.


### 3. human oversight shall be ensured through either one or all of the following measures: ### 3. human oversight shall be ensured through all of the following measures:


### 1. high-risk ai systems shall be designed and developed in such a way that they achieve , in the light of their intended purpose , an appropriate level of accuracy , robustness and cybersecurity , and perform consistently in those respects throughout their lifecycle. ### 1. high-risk ai systems shall be designed and developed in such a way that they achieve , in the light of their intended purpose , a high level of accuracy , robustness and cybersecurity , and perform consistently in those respects throughout their lifecycle.


### 2. users of an emotion recognition system or a biometric categorisation system shall inform of the operation of the system the natural persons exposed thereto. this obligation shall not apply to ai systems used for biometric categorisation , which are permitted by law to detect , prevent and investigate criminal offences. ### deleted


### 2. users of an emotion recognition system or a biometric categorisation system shall inform of the operation of the system the natural persons exposed thereto. this obligation shall not apply to ai systems used for biometric categorisation , which are permitted by law to detect , prevent and investigate criminal offences. ### 2. users of an emotion recognition system or a biometric categorisation system shall inform of the operation of the system the natural persons exposed thereto.


### however , the first subparagraph shall not apply where the use is authorised by law to detect , prevent , investigate and prosecute criminal offences or it is necessary for the exercise of the right to freedom of expression and the right to freedom of the arts and sciences guaranteed in the charter of fundamental rights of the eu , and subject to appropriate safeguards for the rights and freedoms of third parties. ### deleted


### however , the first subparagraph shall not apply where the use is authorised by law to detect , prevent , investigate and prosecute criminal offences or it is necessary for the exercise of the right to freedom of expression and the right to freedom of the arts and sciences guaranteed in the charter of fundamental rights of the eu , and subject to appropriate safeguards for the rights and freedoms of third parties. ### however , the first subparagraph shall not apply where the content forms part of an evidently artistic , creative or fictional cinematographic and analogous work , or it is necessary for the exercise of the right to freedom of expression and the right to freedom of the arts and sciences guaranteed in the charter of fundamental rights of the eu , and subject to appropriate safeguards for the rights and freedoms of third parties.


### 1. biometric identification and categorisation of natural persons: ### 1. ai systems which use biometric or biometrics-based data:


### 4. employment , workers management and access to self-employment: ### 4. employment and employment support , workers management and access to self-employment:


### 2. management and operation of critical infrastructure: ### 2. management , operation , generation and supply of critical infrastructure , technology and energy:


### ai systems intended to be used by public authorities or on behalf of public authorities to evaluate the eligibility of natural persons for public assistance benefits and services , as well as to grant , reduce , revoke , or reclaim such benefits and services; ### ai systems intended to be used by or on behalf of (semi-)public authorities or private parties to evaluate or predict the lawful use by , or the eligibility of , natural persons , including the self employed and micro-enterprises , for public assistance , benefits and services and essential private services including but not limited to housing , electricity , heating/cooling , finance , insurance and internet , as well as to grant reduce , revoke , or reclaim such benefits and services or set payment obligations related to these services;


### ai systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score , with the exception of ai systems put into service by small scale providers for their own use; ### deleted


### ai systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score , with the exception of ai systems put into service by small scale providers for their own use; ### ai systems intended to be used to evaluate the creditworthiness of natural persons or establish their credit score;


### ai systems intended to be used by law enforcement authorities for making individual risk assessments of natural persons in order to assess the risk of a natural person for offending or reoffending or the risk for potential victims of criminal offences; ### deleted


### ai systems intended to be used by law enforcement authorities for making individual risk assessments of natural persons in order to assess the risk of a natural person offending or reoffending or the risk for potential victims of criminal offences; ### deleted


### ai systems intended to be used by law enforcement authorities as polygraphs and similar tools or to detect the emotional state of a natural person; ### deleted


### 2. for high-risk ai systems that are safety components of products or systems , or which are themselves products or systems , falling within the scope of the following acts , only article 84 of this regulation shall apply: ### deleted


### 4. this regulation shall not apply to public authorities in a third country nor to international organisations falling within the scope of this regulation pursuant to paragraph 1 , where those authorities or organisations use ai systems in the framework of international agreements for law enforcement and judicial cooperation with the union or with one or more member states. ### deleted


### (15) ‘instructions for use’ means the information provided by the provider to inform the user of in particular an ai system’s intended purpose and proper use , inclusive of the specific geographical , behavioural or functional setting within which the high-risk ai system is intended to be used; ### (15) ‘instructions for use’ means the information provided by the provider to inform the user of in particular an ai system’s intended purpose or reasonably foreseeable use and proper use , inclusive of the specific geographical , behavioural or functional setting within which the high-risk ai system is intended or foreseeable to be used;


### (15) ‘instructions for use’ means the information provided by the provider to inform the user of in particular an ai system’s intended purpose and proper use , inclusive of the specific geographical , behavioural or functional setting within which the high-risk ai system is intended to be used; ### (15) ‘instructions for use’ means the information provided by the provider to inform the user of in particular an ai system’s foreseeable uses and proper use , inclusive of the specific geographical , behavioural or functional setting within which the high-risk ai system is intended to be used;


### (18) ‘performance of an ai system’ means the ability of an ai system to achieve its intended purpose; ### (18) ‘performance of an ai system’ means the ability of an ai system to achieve its intended purpose or reasonably foreseeable use ;


### (18) ‘performance of an ai system’ means the ability of an ai system to achieve its intended purpose; ### (18) ‘performance of an ai system’ means the ability of an ai system to achieve its foreseeable uses;


### (23) ‘substantial modification’ means a change to the ai system following its placing on the market or putting into service which affects the compliance of the ai system with the requirements set out in title iii , chapter 2 of this regulation or results in a modification to the intended purpose for which the ai system has been assessed; ### (23) ‘substantial modification’ means a change to the ai system following its placing on the market or putting into service which affects the compliance of the ai system with the requirements set out in title iii , chapter 2 of this regulation or results in a modification to the foreseeable uses for which the ai system has been assessed , health and safety requirements are to be covered;


### (23) ‘substantial modification’ means a change to the ai system following its placing on the market or putting into service which affects the compliance of the ai system with the requirements set out in title iii , chapter 2 of this regulation or results in a modification to the intended purpose for which the ai system has been assessed; ### (23) ‘substantial modification’ means a change to the ai system following its placing on the market or putting into service which affects the compliance of the ai system with the requirements set out in title iii , chapter 2 of this regulation or results in a modification to the intended purpose or reasonably foreseeable use for which the ai system has been assessed;


### (29) ‘training data’ means data used for training an ai system through fitting its learnable parameters , including the weights of a neural network; ### (29) ‘training data’ means data used for training an ai system to fit its learnable parameters;


### (30) ‘validation data’ means data used for providing an evaluation of the trained ai system and for tuning its non-learnable parameters and its learning process , among other things , in order to prevent overfitting; whereas the validation dataset can be a separate dataset or part of the training dataset , either as a fixed or variable split; ### (30) ‘validation data’ means data used for providing an evaluation of the trained ai system. the process evaluates whether the model is under-fitted or overfitted; the validation dataset should be a separate dataset of the training set for the evaluation to be unbiased. if there is only one available dataset , this is divided into two parts , a training set and a validation set. both sets should still comply with article 10(3) to ensure appropriate data governance and management practices.


### (31) ‘testing data’ means data used for providing an independent evaluation of the trained and validated ai system in order to confirm the expected performance of that system before its placing on the market or putting into service; ### (31) ‘testing data’ means data used for providing an independent evaluation of the trained and validated ai system to confirm the expected performance of that system before its placing on the market or putting into service. similar to article 3(30) , the testing dataset should be a separate dataset from the training set and validation set. this set should also comply with article 10(3) to ensure appropriate data governance and management practices.


### (34) ‘emotion recognition system’ means an ai system for the purpose of identifying or inferring emotions or intentions of natural persons on the basis of their biometric data; ### (34) ‘emotion recognition system’ means an ai system for the purpose of identifying or inferring emotions , thoughts , states of mind (such as ‘deception’ , ‘trustworthiness’ or ‘truthfulness’) or intentions of natural persons on the basis of their biometric data or other biometrics-based data;


### (34) ‘emotion recognition system’ means an ai system for the purpose of identifying or inferring emotions or intentions of natural persons on the basis of their biometric data; ### (34) ‘emotion recognition system’ means an ai system for the purpose of identifying or inferring emotions , thoughts , states of mind (such as ‘deception’ , ‘trustworthiness’ or ‘truthfulness’)or intentions of natural persons on the basis of their biometric data or biometrics-based data;


### 1. where , within three months of receipt of the notification referred to in article 65(5) , objections are raised by a member state against a measure taken by another member state , or where the commission considers the measure to be contrary to union law , the commission shall without delay enter into consultation with the relevant member state and operator or operators and shall evaluate the national measure. on the basis of the results of that evaluation , the commission shall decide whether the national measure is justified or not within 9 months from the notification referred to in article 65(5) and notify such decision to the member state concerned. ### 1. where , within three months of receipt of the notification referred to in article 65(5) , objections are raised by the european parliament or a member state against a measure taken by another member state , or where the commission considers the measure to be contrary to union law , or has sufficient reasons to believe that an ai system presents a risk or affects consumers in more than one member state the commission shall without delay enter into consultation with the relevant member state and operator or operators and shall evaluate the national measure. on the basis of the results of that evaluation , the commission shall decide whether the national measure is justified or not within 9 months from the notification referred to in article 65(5) and notify such decision to the member state concerned.


### 3. where the national measure is considered justified and the non-compliance of the ai system is attributed to shortcomings in the harmonised standards or common specifications referred to in articles 40 and 41 of this regulation , the commission shall apply the procedure provided for in article 11 of regulation (eu) no 1025/2012. ### 3. where the national measure is considered justified and the non-compliance of the ai system is attributed to shortcomings in the harmonised standards or common specifications referred to in articles 40 and 41 of this regulation , the commission shall apply the procedure provided for in article 11 of regulation (eu) no 1025/2012.the commission shall also have the possibility to suggest alternative measures to the member state concerned.


### 4. the commission and the board shall take into account the specific interests and needs of the small-scale providers and start-ups when encouraging and facilitating the drawing up of codes of conduct. ### 4. the commission and the board may take into account the specific interests and needs of the small-scale providers and start-ups when encouraging and facilitating the drawing up of codes of conduct.


### 4. the commission and member states may exchange , where necessary , confidential information with regulatory authorities of third countries with which they have concluded bilateral or multilateral confidentiality arrangements guaranteeing an adequate level of confidentiality. ### deleted


### 3. the following infringements shall be subject to administrative fines of up to 30 000 000 eur or , if the offender is company , up to 6 % of its total worldwide annual turnover for the preceding financial year , whichever is higher: ### 3. the following infringements shall be subject to administrative fines of up to 30 000 000 eur or , if the offender is a company , up to 10 % of its total worldwide annual turnover for the preceding financial year , whichever is higher:


### 3. the following infringements shall be subject to administrative fines of up to 30 000 000 eur or , if the offender is company , up to 6 % of its total worldwide annual turnover for the preceding financial year , whichever is higher: ### 3. the following infringements shall be subject to administrative fines of up to 50 000 000 eur or , if the offender is company , up to 10 % of its total worldwide annual turnover for the preceding financial year , whichever is higher:


### 4. the non-compliance of the ai system with any requirements or obligations under this regulation , other than those laid down in articles 5 and 10 , shall be subject to administrative fines of up to 20 000 000 eur or , if the offender is a company , up to 4 % of its total worldwide annual turnover for the preceding financial year , whichever is higher. ### 4. the non-compliance of the ai system with any requirements or obligations under this regulation , other than those laid down in articles 5 and 10 , shall be subject to administrative fines of up to 20 000 000 eur or , if the offender is a company , up to 7 % of its total worldwide annual turnover for the preceding financial year , whichever is higher.


### 4. the non-compliance of the ai system with any requirements or obligations under this regulation , other than those laid down in articles 5 and 10 , shall be subject to administrative fines of up to 20 000 000 eur or , if the offender is a company , up to 4 % of its total worldwide annual turnover for the preceding financial year , whichever is higher. ### 4. the non-compliance of the ai system with any requirements or obligations under this regulation , other than those laid down in articles 5 and 10 , shall be subject to administrative fines of up to 40 000 000 eur or , if the offender is a company , up to 8 % of its total worldwide annual turnover for the preceding financial year , whichever is higher.


### 5. the supply of incorrect , incomplete or misleading information to notified bodies and national competent authorities in reply to a request shall be subject to administrative fines of up to 10 000 000 eur or , if the offender is a company , up to 2 % of its total worldwide annual turnover for the preceding financial year , whichever is higher. ### 5. the supply of incorrect , incomplete or misleading information to notified bodies and national competent authorities in reply to a request shall be subject to administrative fines of up to 10 000 000 eur or , if the offender is a company , up to 4 % of its total worldwide annual turnover for the preceding financial year , whichever is higher.


### 5. the supply of incorrect , incomplete or misleading information to notified bodies and national competent authorities in reply to a request shall be subject to administrative fines of up to 10 000 000 eur or , if the offender is a company , up to 2 % of its total worldwide annual turnover for the preceding financial year , whichever is higher. ### 5. the supply of incorrect , incomplete or misleading information to notified bodies and national competent authorities in reply to a request shall be subject to administrative fines of up to 20 000 000 eur or , if the offender is a company , up to 4 % of its total worldwide annual turnover for the preceding financial year , whichever is higher.


### 1. the european data protection supervisor may impose administrative fines on union institutions , agencies and bodies falling within the scope of this regulation. when deciding whether to impose an administrative fine and 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 due regard shall be given to the following: ### 1. the european data protection supervisor may impose administrative fines on union institutions , agencies and bodies developing , deploying or operating ai systems. when deciding whether to impose an administrative fine and 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 due regard shall be given to the following:


### 2. the following infringements shall be subject to administrative fines of up to 500 000 eur: ### 2. the following infringements shall be subject to administrative fines of up to 5 000 000 eur:


### 3. the non-compliance of the ai system with any requirements or obligations under this regulation , other than those laid down in articles 5 and 10 , shall be subject to administrative fines of up to 250 000 eur. ### 3. the non-compliance of the ai system with any requirements or obligations under this regulation , other than those laid down in articles 5 and 10 , shall be subject to administrative fines of up to 2 500 000 eur.