As we explained in our recent post “EU AI Act: 4 Risk Levels” as of 2 February 2025, AI practices classified as “unacceptable risk” under Article 5 of the EU AI Act are banned including, among others:
“techniques beyond a person’s consciousness or purposefully manipulative or deceptive techniques, with the objective, or the effect of materially distorting the behaviour of a person or a group of persons by appreciably impairing their ability to make an informed decision, thereby causing them to take a decision that they would not have otherwise taken in a manner that causes or is reasonably likely to cause that person, another person or group of persons significant harm”
In addition, according to Recital 29 of the EU AI Act:
“Such AI systems deploy subliminal components such as audio, image, video stimuli that persons cannot perceive, as those stimuli are beyond human perception, or other manipulative or deceptive techniques that subvert or impair person’s autonomy, decision-making or free choice in ways that people are not consciously aware of those techniques or, where they are aware of them, can still be deceived or are not able to control or resist them. This could be facilitated, for example, by machine-brain interfaces or virtual reality as they allow for a higher degree of control of what stimuli are presented to persons, insofar as they may materially distort their behaviour in a significantly harmful manner.
From 2 August 2025,non-compliance with this prohibition will be subject to administrative fines of up to 35M € or, if the offender is an undertaking, up to 7 % of its total worldwide annual turnover.
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