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ProhibitedDeadline: Already in force (2 February 2025)

Prohibited AI: what's absolutely forbidden?

The AI Act bans certain AI applications outright: social scoring, subliminal manipulation, emotion recognition in the workplace and scraping faces for databases. The fine: up to 7% of annual turnover.

Article 5 of the AI Act describes AI practices considered so harmful that they are completely prohibited in the EU. These bans have been in force since 2 February 2025.

Prohibited AI includes: (a) subliminal manipulation that distorts behaviour, (b) exploitation of vulnerable groups, (c) social scoring, (d) profiling-based risk scoring for criminal behaviour, (e) scraping faces for databases, (f) emotion recognition in workplace/education, (g) biometric categorisation based on protected attributes.

For webshops the most relevant cases are: dark patterns that use AI to nudge you unconsciously towards a purchase, and marketing that specifically targets vulnerable groups (elderly people with phishing-style offers, children with addictive gamification).

The fine for prohibited AI is the heaviest: up to €35 million or 7% of global annual turnover, whichever is higher.

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