EU AI Act
- Proposed
- Parliament position
- Trilogue
- Adopted
In force; the 2026 Digital Omnibus delayed the high-risk rules
Sold as banning biometric mass surveillance, written to license it: the prohibitions on real-time face scanning, emotion recognition, and predictive policing all carry law-enforcement carve-outs.
Latest update
General application of the Act
The bill
Read the full billOfficial bill recordKey facts
- Where
- European Union
- Bill number
- Regulation (EU) 2024/1689
- Status
- Law
- General application
- August 2, 2026
- Threat
- High
- Last update
- August 2, 2026
Topics
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What it does
Article 5 of the AI Act bans real-time remote biometric identification in public, emotion recognition, predictive policing, and social scoring. The bans carry exceptions. Real-time face scanning is permitted for listed law-enforcement purposes with authorization; retrospective face scanning of recorded footage is treated as high-risk rather than banned; emotion recognition is barred in workplaces and schools but not for police or borders. The prohibitions have applied since February 2025, general-purpose AI rules since August 2025, and the Act's general application date was August 2, 2026. The high-risk regime was then delayed by Regulation (EU) 2026/1744, the Digital Omnibus, published July 24, 2026. According to the Future of Privacy Forum, high-risk duties for the uses listed in Annex III now apply from December 2, 2027, and duties for products under Annex I from August 2, 2028.
What’s at stake
This is the law every government will point to as proof biometric surveillance is regulated, and its exceptions are the operating manual. A ban with a law-enforcement carve-out is an authorization with paperwork: the member states that wanted face scanning in public squares got a legal pathway to it, written into the world's flagship AI law.
Our take
The AI Act did what a decade of surveillance debate could not: it made real-time biometric identification of the public lawful in Europe, provided the right box is ticked. The bans got the headlines; the exceptions got the future. The Digital Omnibus delayed the high-risk rules; the law-enforcement exceptions in the bans have applied since February 2025.
Timeline
High-risk duties for Annex I products apply (per the Future of Privacy Forum's reading of the Omnibus)Upcoming
High-risk duties for Annex III uses apply (per the Future of Privacy Forum's reading of the Omnibus)Upcoming
General application of the ActLatest
Digital Omnibus published in the Official Journal as Regulation (EU) 2026/1744
Council adopted the Digital Omnibus
Parliament adopted the Digital Omnibus delay to the high-risk rules
Commission proposed delaying parts of the high-risk regime (digital omnibus)
General-purpose AI rules took effect
Prohibitions and their carve-outs took effect
Entered into force
Parliament adopted the AI Act, 523 to 46
Proposed by the European Commission
The record
Votes
- European Parliament: Adoption (523 to 46), March 13, 2024
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