Placing on the market an AI system that breaches: Which category of violation is subject to the highest tier
Breaches of the Article 5 prohibitions on unacceptable-risk AI practices attract the highest tier of fines, above high-risk obligation breaches or information-supply failures.
The question
Under the EU AI Act's enforcement framework, administrative fines are tiered by the severity of the violation. Which category of violation is subject to the highest tier of administrative fines?
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- Failing to meet the data governance and logging obligations imposed on a high-risk AI system.Plausible but wrong: breaching high-risk duties such as data governance and logging falls into a middle penalty tier, below the tier reserved for prohibited practices.
- Supplying incorrect or misleading information to the competent national authorities.Plausible but wrong: providing incorrect information carries the lowest of the fine tiers, not the highest.
- Omitting the AI-interaction disclosure that limited-risk systems must give to users.Plausible but wrong: transparency-notice failures are treated as ordinary obligation breaches, well below the prohibited-practices tier.
- Placing on the market an AI system that breaches the Article 5 prohibited-practices ban. ✓Correct: violations of the Article 5 prohibitions on unacceptable-risk practices sit in the top penalty tier, reflecting that these uses are considered the most serious threats to rights.
The trap
Assuming the most heavily regulated high-risk obligations carry the largest fine, when the top tier is reserved for prohibited practices. How to remember it
Breaches of the Article 5 prohibitions on unacceptable-risk AI practices attract the highest tier of fines, above high-risk obligation breaches or information-supply failures.
How many of these would you get right?
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Every answer, right and wrong, comes with its own explanation.
