Pause deployment pending prohibited-practice analysis | AIGP
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Pause deployment pending prohibited-practice analysis: Which approach should govern the decision?

AIGP Understanding How Laws, Standards and Frameworks Apply to AI Hard

Possible prohibited conduct must be resolved before relying on high-risk controls, notices, or conformity evidence.

The question

Under the EU AI Act, assume relevant duties apply to a logistics scheduling system. Testing shows prompts are designed to materially distort drivers’ choices and may cause significant harm; the vendor instead labels the system merely high-risk. The organization has not resolved whether the feature meets a prohibited-practice condition. Which approach should govern the decision?

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  1. Proceed under high-risk controls and monitor outcomes.
    High-risk controls do not substitute for resolving whether the system’s behavior falls within a prohibited-practice condition.
  2. Request conformity evidence from the vendor before deployment.
    Conformity evidence may address high-risk requirements, but cannot resolve the separate question of prohibited behavior.
  3. Pause deployment pending prohibited-practice analysis. ✓
    The unresolved facts concern possible prohibited conduct, which must be analyzed before treating the system as eligible for high-risk controls.
  4. Add driver notices and retain the current scheduling design.
    Notices may support transparency, but disclosure does not make a potentially prohibited practice permissible under the EU AI Act.
The trap
A high-risk label does not settle whether another feature is prohibited.

How to remember it

Possible prohibited conduct must be resolved before relying on high-risk controls, notices, or conformity evidence.

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