Lesson 2 of 6·10 min read

Understanding Risk Classification

The core of the EU AI Act is the risk-based classification. The higher an AI system's risk, the stricter the requirements. In this lesson, you'll learn how to correctly classify your AI systems.

Level 1: Unacceptable Risk — Prohibited 🚫

These AI applications are prohibited in the EU (since 02.02.2025):

  • Social scoring: Rating people based on social behavior (as in China)
  • Manipulative AI: Systems using subliminal techniques to manipulate behavior
  • Real-time biometric surveillance: In public spaces by law enforcement (with narrow exceptions)
  • Emotion recognition: In workplaces and educational institutions
  • Predictive policing: AI-based prediction of individual crimes

Level 2: High Risk — Strict Requirements ⚠️

AI systems affecting fundamental rights are classified as High Risk:

AreaExamples
BiometricsFacial recognition, voice recognition
Critical infrastructureAI in energy grids, water supply
EducationAutomated exam grading, access scoring
EmploymentAI in recruiting, performance evaluation, termination decisions
Financial servicesCredit scoring, insurance scoring
Law enforcementEvidence evaluation, recidivism prediction
MigrationVisa assessment, border surveillance

Obligations for High-Risk Systems:

  • Risk management system
  • Data governance and quality standards
  • Technical documentation
  • Logging and traceability
  • Human oversight
  • Accuracy, robustness, cybersecurity

Level 3: Limited Risk — Transparency Obligations ⚡

Systems with limited risk must be transparent:

  • Chatbots: Users must know they're interacting with AI
  • Deepfakes: Must be labeled as AI-generated
  • AI-generated content: Texts, images, audio must be marked as AI-generated
  • Emotion recognition systems: Users must be informed (where permitted)

Level 4: Minimal Risk — No Special Obligations ✅

The majority of AI applications fall into this category:

  • Spam filters
  • AI-powered search functions
  • Recommendation algorithms (with limitations)
  • Text correction and translation

Practical Check: Where Do Your Systems Stand?

Go through your AI inventory and ask for each system:

  1. Does it affect fundamental rights? → Possibly High Risk
  2. Does it directly interact with users? → At least Limited Risk
  3. Does it fall under one of the High-Risk areas in Annex III? → High Risk
  4. None of the above? → Probably Minimal Risk

Caution: Classification isn't static. A system that is Minimal Risk today can become High Risk through expanded functionality.