AI Act: Further obligations will apply from 2 August 2026. What does this mean for businesses?
From 2 August 2026, further provisions of Regulation (EU) 2024/1689 of the European Parliament and of the Council on artificial intelligence (the AI Act) – the world’s first comprehensive legal framework for artificial intelligence – will begin to apply.
However, shortly before this deadline, the European Union adopted changes to the implementation timetable for certain provisions of the AI Act as part of the so-called Digital Omnibus package. In practice, this means that not all obligations will come into force at the same time.
It is therefore important to emphasise that the AI Act has not been postponed as a whole. The postponement applies only to selected obligations for high-risk AI systems. Conversely, several provisions – in particular the transparency rules – will continue to apply from 2 August 2026.
For organisations affected by the AI Act, the new rules represent a further step in the phased introduction of the regulatory framework for artificial intelligence. Depending on the status of individual entities and the nature of the AI systems they use, the various obligations will come into force at different times.
What applies from 2 August 2026
One of the significant changes from 2 August 2026 is the commencement of the application of the transparency rules under Article 50 of the AI Act. From the same date, enforcement of the AI Act will also begin in relation to provisions that are already in force, as well as further measures to support innovation.
The transparency rules apply in particular to organisations that use artificial intelligence when communicating with users or creating content. Depending on the specific case, there may be an obligation to:
- inform users that they are communicating with an AI system,
- to label AI-generated or AI-modified content,
- comply with further transparency requirements set out in Article 50 of the AI Act.
For certain providers of AI systems, including general-purpose AI models, which were placed on the market before 2 August 2026, a transitional period applies until 2 December 2026 to comply with the requirements under Article 50(2) of the AI Act. AI systems placed on the market after 2 August 2026 are subject to the requirements of Article 50 of the AI Act from the date of their placing on the market, provided that these provisions apply to them.
Which obligations have been postponed
The Digital Omnibus does not alter the entire timetable of the AI Act. It merely postpones certain obligations relating to high-risk AI systems.
Standalone high-risk AI systems (from 2 December 2027)
The obligations for so-called standalone high-risk AI systems listed in Annex III to the AI Act have been postponed to this date.
These include, for example, AI systems used:
- in the recruitment and assessment of staff,
- to assess clients’ creditworthiness,
- in education,
- in the operation of critical infrastructure,
- in other areas listed in Annex III to the AI Act.
AI systems integrated into regulated products (from 2 August 2028)
From this date, the requirements for AI systems integrated into regulated products, such as medical devices or certain types of machinery, will come into force.
Why have the deadlines been changed?
The main reason for the postponement is the need to allow more time for the preparation of harmonised technical standards and implementing guidelines, which will help organisations demonstrate compliance with the AI Act.
This is therefore not a relaxation of the regulation, but an adjustment to the timetable for implementing the most complex requirements.
Penalties remain significant
The AI Act is one of the European Union’s most significant pieces of legislation. Breaches of the most serious obligations may result in a fine of up to €35 million or 7 per cent of global annual turnover, whichever is higher. A more favourable regime for calculating fines applies to small and medium-sized enterprises.
What does this mean for organisations?
The fact that some obligations have been deferred does not mean that the entry into force of the AI Act as a whole has been deferred. Organisations should therefore keep a close eye on the timetable for the implementation of individual provisions and assess whether specific obligations apply to them, given their status under the AI Act and the way in which they use AI systems.
As further provisions of the AI Act will be phased in over the coming years, further guidance from the European Commission and a gradual clarification of the practical application of individual provisions can be expected.
Legal sources
- Regulation (EU) 2024/1689 of the European Parliament and of the Council (AI Act)
- European Commission – AI Act Service Desk: EU AI Act Implementation Timeline
- European Commission – AI Act Service Desk – FAQ
- European Commission Guidelines on Article 50 of AI Act (Transparency Obligations)
