EU drafts guidance on high-risk AI classification

The European Commission has published draft guidelines to help providers and deployers determine whether AI systems qualify as high-risk under the AI Act. The guidance includes practical examples across relevant areas and use cases, though the list is not exhaustive and may be updated over time.

The draft reflects feedback from a public consultation, input from Member States through the AI Board and the Commission’s interpretation of the law. It is not legally binding but is intended to guide enforcement and will later be supplemented by additional guidance on compliance obligations for high-risk AI systems.

A targeted stakeholder consultation remains open until 23 June 2026, with feedback set to inform the final version before adoption by the Commission. Following the political agreement on the ‘AI Omnibus’, rules for systems used in areas including biometrics, critical infrastructure, education, employment, migration, asylum and border control apply from 2 December 2027, while rules for systems integrated into products such as robotics and industrial machinery apply from 2 August 2028.