Article 99: General Penalties
Article 99 sets the penalty framework member states must implement for AI Act violations other than the GPAI-specific fines under Article 101: the highest tier applies to breaches of the Article 5 prohibitions, a middle tier applies to breaches of most other obligations (such as the high-risk provider and deployer duties), and a lower tier applies to supplying incorrect, incomplete, or misleading information to authorities or notified bodies.
- 02 Feb 2025 Penalty exposure for Article 5 breaches, in effect alongside the prohibitions themselves
- 02 Dec 2027 Penalty exposure for high-risk obligation breaches, in effect alongside the Annex III applicability date
- Treat breaches of Article 5 prohibited practices as carrying the highest fine exposure under the national penalty regime.
- Treat breaches of most other obligations — including high-risk provider and deployer duties — as falling under the middle penalty tier.
- Treat the supply of incorrect, incomplete, or misleading information to authorities or notified bodies as carrying its own, lower penalty tier.
- Note that fines are calibrated to be effective, proportionate, and dissuasive, with member states implementing the actual enforcement mechanism nationally within the EU-wide caps.
People often assume a single fine ceiling applies across the whole AI Act; Article 99 sets tiered ceilings by breach type, and GPAI providers are fined under an entirely separate mechanism, Article 101, not under Article 99 at all.
Unsettled: The exact fine figures and percentages under Article 99, and whether the Digital Omnibus's small-mid-cap proportionality adjustments touch the Article 99 fine ceilings specifically, were not directly verified against the primary sources reviewed for this research; the underlying source material focused on Article 101 (GPAI) figures rather than Article 99 in detail.
What regulators published on Art. 99
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- Regulation (EU) 2024/1689 on EUR-Lex
- Look for Article 99
- Deadline changes and the acts behind them
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Get free accessInformational content only. Not legal advice and not a substitute for qualified counsel. Dates reflect Regulation (EU) 2026/1744 as of 04 Aug 2026.