EU AI Act risk ladder
Four EU AI Act rungs (prohibited, high-risk via Annex I or III with the Art. 6(3) filter, transparency, minimal), a GPAI track and notes on other regimes.
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The EU AI Act sorts AI systems by intended purpose onto four rungs and puts GPAI models on a separate track; one system can sit on two rungs at once, as an Annex III chatbot carries the high-risk duties and the Art. 50 disclosure. Prohibited (Art. 5), from 2025-02-02 with new points from 2026-12-02: the practice is on the Art. 5 list, now ten points, and may not be placed on the market, put into service or used. High-risk (Arts. 6 to 49): requirements of Arts. 8 to 15, provider and deployer duties and conformity assessment. It is reached through products (Art. 6(1)), from 2028-08-02, where a safety component of an Annex I product, or the product itself, needs a third-party conformity assessment, a notion the Omnibus narrowed; or through use (Art. 6(2)), from 2027-12-02, where the intended purpose falls in one of the eight Annex III areas. The Art. 6(3) filter takes an Annex III system out when it poses no significant risk of harm and performs a narrow procedural task, improves a completed human activity, detects patterns without replacing human review, or performs a preparatory task; the provider documents the assessment and registers it (Arts. 6(4) and 49(2)). An Annex III system that profiles natural persons is always high-risk. Transparency (Art. 50), from 2026-08-02: a system that interacts with people, generates synthetic content, recognises emotions, categorises biometrically or produces deep fakes must disclose, mark or label, whatever else it is. Minimal (Arts. 4 and 95), from 2025-02-02 with Art. 4 reworded on 2026-07-27: everything else, with no specific duties beyond AI literacy and voluntary codes; a legal category, not a risk verdict. The GPAI track (Arts. 51 to 56), from 2025-08-02 with Commission enforcement from 2026-08-02: model generality, and systemic risk by capability, compute or designation, carry model-level duties; a system built on the model is an AI system (Art. 3(66)) and sits on the ladder. Side notes from chapter 21, not equivalents: Texas TRAIGA (HB 149), in force 2026-01-01, has intent-based prohibitions (behaviour manipulation, government social scoring, unlawful discrimination, certain sexual content); the Korea AI Basic Act defines high-impact AI as a listed Art. 2(4) area, such as hiring and loan screening, that may significantly affect, or pose a risk to, life, physical safety or fundamental rights, which the operator reviews in advance and MSIT may confirm (Art. 33); Colorado SB 26-189, from 2027-01-01, a transparency note, has deployers of automated decision-making technology (ADMT) in consequential decisions give notice of its use and a plain-language explanation within 30 days of an adverse outcome; California SB 53, in force 2026-01-01, covers frontier developers of models trained above 10^26 operations and large frontier developers above USD 500M revenue. A reading aid, not legal advice; illustrative, not a claim of conformity.
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<a href="https://aigovernanceengineer.com/figures/eu-ai-act-risk-ladder">EU AI Act risk ladder</a> by Jorge García Aibar,
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*[EU AI Act risk ladder](https://aigovernanceengineer.com/figures/eu-ai-act-risk-ladder) by Jorge García Aibar, aigovernanceengineer.com, v0.5.0, as of 2026-09-24. Licensed under [CC BY 4.0](https://creativecommons.org/licenses/by/4.0/).*