The 4 AI Act risk levels explained by sector (concrete examples)
In brief
- The AI Act classifies each AI system as unacceptable risk (prohibited), high risk (strict obligations, Annex III), limited risk (transparency) or minimal risk (no obligations). It is not the company that is classified, but each system individually: the same software may combine several levels depending on its functions.
Level 1 — Unacceptable risk (prohibited)
These systems have been fully prohibited since 2 February 2025. They infringe EU fundamental values and rights.
- HR: software that analyses employees' emotions via webcam during meetings (emotion recognition at work — prohibited).
- Public sector: a social scoring system for citizens based on their behaviour.
- Marketing: AI exploiting the psychological vulnerabilities of elderly people to push them to purchase.
- Security: untargeted scraping of facial images from the internet to build a recognition database.
Level 2 — High risk (Annex III)
This is the level with the heaviest obligations. Annex III lists eight domains. The most common cases:
- HR: automated CV screening, candidate scoring, video interview analysis, performance rating.
- Finance: creditworthiness scoring, credit granting decision, risk assessment in life and health insurance.
- Health / social care: diagnostic assistance, prioritisation of access to care.
- Education: automated exam marking, learner guidance.
- Essential services: decision on access to a social benefit.
For these systems: risk management, data quality, technical documentation, logging, transparency, human oversight, robustness and cybersecurity. Applicable from 2 December 2027 (Digital Omnibus postponement), but preparation must start well before.
Level 3 — Limited risk (transparency)
These systems interact with humans or generate content. The obligation is transparency (Art. 50).
- Customer relations: a chatbot must clearly indicate that it is an AI.
- Communications: an image or text generated by AI must be labelled as such.
- Media: a deepfake must be identified as artificial content.
- Accounting: a conversational tax assistant must indicate its nature and limitations.
Details: transparency obligations (Article 50).
Level 4 — Minimal risk (no specific obligation)
The vast majority of existing AI systems fall under this level: spam filters, spell checkers, basic recommendation engines, video game AI. No specific obligations apply; a voluntary code of conduct is recommended.
Point of caution: the same tool may combine several levels depending on its functions. An HRIS may have a payroll module (minimal risk) and a candidate scoring module (high risk). It is the function that is classified, not the software as a whole.
How to classify your own systems
The method is always the same: inventory each system, identify its precise purpose, compare it to Annex III and Article 5, then document the classification decision. This system-by-system reasoning is what our AI Act module automates and our DPO experts validate. Starting point: map your AI systems in a register.
Take action
Classify your AI systems by risk level and manage your AI Act compliance with Data Comply One.
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