The EU Commission Guidelines On Prohibited AI Practices Under The AI Act – Part One

On 4 February 2025, the European Commission (EC) issued guidelines on prohibited artificial intelligence (AI) practices established by the EU AI Act (the "Guidelines").

Background

The Guidelines which are currently non-binding, provide clarity on prohibited AI practices that pose a risk to the values and fundamental rights of the European Union, such as ensuring public security, the right to privacy, and the right to non-discrimination. The purpose of this two-part briefing series is to assist privacy professionals and other operators of AI systems in understanding the implications of the Guidelines. Part one looks at the first four use cases under Article 5(1)(a) to 5(1)(d) inclusive. Part two of this briefing series will look at the remainder of the Guidelines on prohibited use cases under Article 5(1)(e) to Article 5(1)(h), plus additional key takeaways.