Module 2 of 6 · 20 minutes

The risk-based approach

The AI Act doesn't regulate "AI" as a technology. It regulates uses of AI, according to the risk they pose. The same model can be minimal risk in one setting and high risk in another.

Learning objectives

  • Name the four risk tiers and what each one requires
  • Explain why the intended purpose drives classification
  • Describe how general-purpose AI models are treated separately
  • Follow a simple classification process for a new AI use case

2.1 Four tiers of risk

TierWhere in the ActWhat it meansExamples
UnacceptableArticle 5Prohibited. Cannot be placed on the market, put into service or used in the EU.Social scoring; manipulative AI that causes significant harm; emotion recognition at work.
HighArticle 6, Annexes I & IIIAllowed, but providers must meet extensive requirements and complete a conformity assessment; deployers have duties too.CV screening; credit scoring; AI in medical devices; exam proctoring.
Transparency (often called "limited")Article 50People must be told they're dealing with AI or AI-generated content.Chatbots; deepfakes; AI-generated images and audio.
Minimal—No specific obligations beyond AI literacy. Voluntary codes of conduct encouraged.Spam filters; AI in video games; stock forecasting.
Tiers can overlap

The tiers are not strictly exclusive. A high-risk system that also interacts directly with people — say, an AI interviewer used for recruitment — must meet the high-risk requirements and the Article 50 transparency duties.

Most AI systems in use today fall into the minimal-risk tier. The Act concentrates its heaviest requirements on a relatively small set of uses where the stakes for people's safety and rights are highest.

2.2 Intended purpose drives classification

Classification depends on the intended purpose — what the provider says the system is for, as set out in the instructions for use, marketing and technical documentation — and on how it's actually used.

Same technology, different risk

A facial-analysis model used to blur faces in holiday photos → minimal risk.

The same model used to verify identity for a phone unlock → typically outside the high-risk biometric category (1:1 verification is excluded).

The same model used for remote biometric identification of people in a crowd → high risk, and prohibited in real time for law enforcement in public spaces except in narrow cases.

The same model used to infer employees' emotions at work → prohibited.

2.3 General-purpose AI: a separate track

General-purpose AI (GPAI) models — such as large language models that can perform a wide range of tasks — sit outside the four tiers. They have their own chapter (Chapter V) with two levels:

  • All GPAI models: documentation, information for downstream providers, a copyright policy and a public summary of training content.
  • GPAI models with systemic risk: extra duties, including model evaluation, adversarial testing, serious-incident reporting and cybersecurity.

When a GPAI model is built into an AI system — a chatbot, for example — that system is then classified under the four tiers according to its use. We cover GPAI in detail in Module 5.

2.4 A practical classification process

When you assess any AI use case, work through these questions in order:

  1. Is it an AI system at all? Does it infer outputs from inputs? (Module 1)
  2. Is it in scope? Check the territorial scope and exclusions — military, pure research, personal use.
  3. Is it prohibited? Check every Article 5 practice. If yes — stop. (Module 3)
  4. Is it high-risk? Is it a safety component of, or itself, a product under Annex I law that needs third-party conformity assessment? Is it used in an Annex III area — and if so, does the Article 6(3) filter apply? (Module 4)
  5. Does it trigger transparency duties? Does it interact with people, generate synthetic content, recognise emotions or create deepfakes? (Module 5)
  6. Otherwise it is minimal risk. Ensure AI literacy and consider voluntary codes.
  7. Identify your role — provider, deployer, importer or distributor — to know which obligations apply to you.
Try it

Use the EU AI Act risk checker to walk through this process for a real or imagined use case.

Key takeaways

  • Four tiers: unacceptable (banned), high (strict requirements), transparency (disclosure) and minimal (no new rules).
  • The use of AI, not the technology, determines the tier.
  • Tiers can overlap — a high-risk system can also carry transparency duties.
  • GPAI models follow a separate two-level regime.