Engaging in a prohibited AI practice under Article 5: Which type of infringement attracts the highest maximum
Violations of the Article 5 prohibited practices carry the highest maximum administrative fines under the EU AI Act.
The question
Under the EU AI Act's penalty structure, administrative fines are tiered by the severity of the violation. Which type of infringement attracts the highest maximum administrative fines?
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- Breaching a high-risk provider obligation such as documentation attracts the highest maximum fines that the Act allows.Almost right but wrong: obligation breaches carry substantial fines, but a lower maximum than prohibited practices.
- Supplying incorrect information to the authorities attracts the highest maximum fines under the Act's penalty structure.Almost right but wrong: incorrect-information breaches sit in the lowest fine tier, not the highest.
- Engaging in a prohibited AI practice under Article 5 attracts the highest maximum administrative fines under the Act. ✓Correct: violations of the Article 5 prohibitions sit in the top fine tier.
- A deployer's failure to read the instructions for use attracts the highest maximum fines set out by the regulation.Wrong: this is not a defined top-tier penalty category under the Act.
The trap
Assuming ordinary obligation or paperwork breaches carry the same maximum fines as prohibited practices. How to remember it
Violations of the Article 5 prohibited practices carry the highest maximum administrative fines under the EU AI Act.
How many of these would you get right?
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Every answer, right and wrong, comes with its own explanation.
