The eight banned AI practices, and how to screen for them
Article 5 bans eight uses of AI outright. There is no transition period and no high-risk workaround. These rules have applied since 2 February 2025, and they carry the Act’s steepest penalty. Most organisations will not run any of them, but the ones that do often do not realise it. Review each ban, flag anything that sounds like a system you run, and get a plain read on where you stand.
0of 8 flagged for review
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Tap “we might do this” on any ban that could describe a system you build or use. Read the note that appears, because several bans have narrow carve-outs. This is guidance, not legal advice.
Questions
Common questions
No. Article 5(1)(c) bans social scoring by public or private actors alike. Recital 31 is explicit that the prohibition covers scoring carried out by private companies, not just public authorities. If a system rates people on unrelated social behaviour and that score then leads to unfavourable treatment in an unrelated context, it is caught regardless of who runs it.
Article 5(1)(f) bans inferring emotions in the workplace and in education institutions, with a narrow exception for medical or safety reasons. Emotion recognition outside those two settings is not prohibited, but it may be high-risk under Annex III and it triggers a transparency duty under Article 50. So it is rarely a simple yes.
The highest tier in the Act. Under Article 99(3), breaching the Article 5 prohibitions can bring a fine of up to 35,000,000 euros or 7 percent of total worldwide annual turnover, whichever is higher. There is no transition period, so a banned system in use today is already exposed.
The screener checks today. Members get a reusable procurement and development gate that every new AI system passes before deployment, with a logged record for each decision. The screener here stays free.
Grounded in Regulation (EU) 2024/1689, Article 5(1)(a) to (h), Recital 31, and Article 99(3). Educational resource, not legal advice. Last checked July 2026. Borderline cases need a qualified adviser. New to the terms here? See the plain-English glossary. Full guide and sources.
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