Skip to main content
NSF Home

Draft guidance on the implementation of the EU AI Act (Regulation 2024/1689)

Date
May 19, 2026
Category

EU Regulations

Description

During May 2026 the European Commission has started to publish draft guidance on the implementation of various sections of the AI Act.

First to be published on 8 May 2026 were draft guidelines on the implementation of the transparency obligations for certain AI systems under Article 50 of the AI Act, see https://digital-strategy.ec.europa.eu/en/library/draft-guidelines-implementation-transparency-obligations-certain-ai-systems-under-article-50-ai-act . The Commission prepared these guidelines in parallel to the Code of Practice on marking and labelling of AI-generated content. The guidelines clarify the scope of the legal obligations and addressing aspects not covered by the code.

On 19 May 2026 the Commission published draft guidelines on the classification of high-risk AI systems under Article 6 of the AI Act, see https://digital-strategy.ec.europa.eu/en/library/draft-commission-guidelines-classification-high-risk-ai-systems . These guidelines set out the Commission’s interpretation of certain concepts that are relevant for classification purposes and, in accordance with Article 6(5) AI Act, contain practical examples of AI systems that should or should not be classified as high-risk. The examples listed in these Guidelines strive to cover all areas and use cases, but they are not to be considered as exhaustive and may be updated over time.

These guidelines are divided into sections, following the structure of Article 6 of I Act, which states that an AI system shall be considered high-risk in 2 scenarios:

  1. If the system is intended to be used as a safety component of a product, or the AI system itself is a product, covered by the EU harmonisation legislation listed in Annex I, and the product whose safety component is the AI system or the AI system itself is required to undergo a third-party conformity assessment, the system will be classified as high-risk pursuant to Article 6(1) AI Act.
  2. If the system falls into one of the use cases listed under the areas in Annex III AI Act, it will be classified as high-risk pursuant to Article 6(2) AI Act.