Gen[AI]ze Technologies

AI Act Checker · quality

The test cases behind the checker

Every rule in the checker is covered by a test case with the expected legal result. The same cases run automatically on every change to the rules; this page is generated from them when the site is built. Today: 46 of 46 cases pass.

Each case states the situation, the result the law leads to and the article it rests on. If you think a case or a result is wrong, please tell us. The full method is on the methodology page.

CaseSituationExpected resultLegal basisStatus
General AI assistant for emailsUsing a vendor's general tool makes you a deployer. No high-risk use, so AI literacy and the GDPR are what applies.A small company uses ChatGPT from OpenAI to draft emails; staff enter customer names.Minimal riskRole: deployerArt. 3(4), Art. 4; Art. 28 GDPR✓ passes
Coding assistant without personal dataMinimal risk; no GDPR note when no personal data is processed.Developers use GitHub Copilot; no personal data goes in.Minimal riskArt. 4✓ passes
Rule-based automationSystems that do not infer how to produce outputs are not AI systems.A workflow tool that only follows if-then rules written by staff.Not an AI systemArt. 3(1)✓ passes
Unsure whether it is AIThe cautious reading treats it as AI and lists an open question.The user does not know whether a tool uses machine learning.Minimal riskArt. 3(1)✓ passes
Military useMilitary, defence and national-security uses are excluded.A system used exclusively for defence purposes.Outside the AI ActArt. 2(3)✓ passes
Purely personal usePurely personal, non-professional use is excluded.A person uses an AI app for a private hobby.Outside the AI ActArt. 2(10)✓ passes
Vendor chatbot on the company websiteThe vendor, as provider, must make the chatbot disclose it is AI; the company should check it does.A company runs a chatbot bought from a vendor on its website.Transparency obligationsRole: deployerArt. 50(1)✓ passes
Own chatbot sold to customersThe provider must design it to disclose AI interaction; product liability covers the software.A software company builds a chatbot and sells it under its own name.Transparency obligationsRole: providerArt. 50(1); Directive (EU) 2024/2853✓ passes
Deepfakes in marketingDeployers who create deepfakes must disclose that the content is artificial.An agency creates realistic videos of real people with an AI video tool.Transparency obligationsArt. 50(4)✓ passes
Emotion recognition on staffEmotion recognition in the workplace is banned unless for medical or safety reasons.A call centre analyses the emotions of its own agents.Prohibited practiceArt. 5(1)(f)✓ passes
Social scoringSocial scoring leading to unjustified detrimental treatment is banned.A system rates people's trustworthiness from their social behaviour and restricts services.Prohibited practiceArt. 5(1)(c)✓ passes
Applicant screening in an ATS built for itRecruitment and selection is an Annex III area; ranking applicants is profiling, so the exception cannot apply. The company is the deployer.A company uses its applicant-tracking system's AI ranking, which the vendor sells for this purpose.High-risk (Annex III use)Role: deployerArt. 6(2), Annex III point 4(a), Art. 26; Art. 22 GDPR✓ passes
General chatbot used to rank applicantsUsing a general-purpose system for a high-risk purpose its vendor did not intend makes the company the provider of a high-risk system.HR pastes CVs into a general AI assistant and asks it to rank the candidates.High-risk (Annex III use)Role: deployer + providerArt. 25(1)(c)✓ passes
Unsure whether the vendor covers the useListed as an open question with the matching vendor request; no provider role is assumed.A company uses an HR tool for screening but does not know whether the vendor documents that use.High-risk (Annex III use)Art. 25(1)(c), Art. 13✓ passes
Unsure whether a recruiting tool profilesTreated as profiling (the cautious reading), so it stays high-risk, with an open question.The user selects a recruitment use but does not know whether the tool evaluates candidates.High-risk (Annex III use)Art. 6(3) last subparagraph✓ passes
Narrow procedural task in an Annex III areaThe Art. 6(3) exception can apply to narrow procedural tasks; it must be documented.A tool only converts unstructured applications into structured data, without profiling.Annex III use, not high-risk (Art. 6(3))Art. 6(3)(a), Art. 6(4)✓ passes
Credit scoring by a private lenderCredit scoring is high-risk and always needs a fundamental rights impact assessment; BaFin may be the supervisor; § 15 KI-MIG adds national fines.A German consumer lender scores applicants with a vendor model.High-risk (Annex III use)Annex III point 5(b), Art. 27; § 2(3), § 15 KI-MIG✓ passes
Life insurance pricingRisk assessment and pricing in life and health insurance is high-risk and needs a fundamental rights impact assessment.An insurer prices life insurance for individuals with an AI model.High-risk (Annex III use)Annex III point 5(c), Art. 27✓ passes
Public authority assessing benefit eligibilityPublic bodies must carry out a fundamental rights impact assessment and register their use; German national fines do not apply to public bodies.A public body uses AI to evaluate eligibility for public benefits.High-risk (Annex III use)Annex III point 5(a), Art. 26(8), Art. 27; § 17(2) KI-MIG✓ passes
Critical infrastructure operatorCritical infrastructure (point 2) is excluded from the impact-assessment and explanation duties.A private utility with a public mandate uses AI as a safety component in grid operation.High-risk (Annex III use)Annex III point 2, Art. 27(1), Art. 86✓ passes
Performance analytics with a works councilHigh-risk under Annex III point 4(b); staff must be informed; the works council has co-determination rights.A German company with a works council scores employee performance with AI.High-risk (Annex III use)Art. 26(7); § 87(1) No. 6, § 90(1) No. 3 BetrVG✓ passes
Applicant selection with a works councilSelection guidelines need the works council's agreement, also when AI is used.A German company with a works council ranks applicants with AI.§ 95(2a) BetrVG✓ passes
German company unsure about a works councilThe checker flags the works-council question.The user does not know whether a works council exists.§ 87(1) No. 6 BetrVG✓ passes
Company in another EU countryGerman works-council and KI-MIG notes only apply to German companies.A French company ranks applicants with AI.High-risk (Annex III use)Annex III point 4(a)✓ passes
Non-EU provider of a high-risk systemNon-EU providers of high-risk systems need an authorised representative in the EU.A US company sells an AI hiring tool to EU customers.High-risk (Annex III use)Role: providerArt. 2(1)(c), Art. 22✓ passes
Small mid-cap with a prohibited practiceThe small mid-cap fine relief does not cover prohibited practices: the higher amount applies.A company with 600 staff uses a banned practice.Prohibited practiceArt. 99(3), Art. 99(6a)✓ passes
SME with high-risk deployer dutiesFor SMEs the lower of the two fine amounts applies.A small company deploys a high-risk system.Art. 99(4), Art. 99(6)✓ passes
AI in a medical deviceSafety components of Annex I Section A products are high-risk; the manufacturer is provider and product manufacturer.A manufacturer builds AI diagnostics into a medical device that needs a notified body.High-risk (Annex I product)Role: provider + product manufacturerArt. 6(1), Annex I Section A✓ passes
AI in machinerySince the AI Omnibus, machinery is in Annex I Section B: the duties reach you through the sectoral rules.A machine builder uses AI as a safety component.High-risk (Annex I product)Art. 6(1), Annex I Section B✓ passes
Unsure about a regulated productNot treated as high-risk until confirmed; listed as an open question.The user does not know whether the product needs third-party conformity assessment.Minimal riskArt. 6(1)✓ passes
Open-source minimal-risk systemThe open-source exemption applies to minimal-risk systems.A developer releases a minimal-risk tool under an open-source licence.Outside the AI ActArt. 2(12)✓ passes
Open-source chatbotThe exemption does not cover Art. 50 systems.An open-source chatbot that talks to people.Transparency obligationsArt. 2(12), Art. 50✓ passes
Provider of a general-purpose modelGeneral-purpose model providers must keep documentation and a copyright policy.A company trains a language model and offers it to others.General-purpose AI model obligationsArt. 53✓ passes
Very large modelSystemic-risk models have additional duties.A model trained with more than 10^25 FLOPs.Art. 51, Art. 55✓ passes
Fine-tuned someone else's modelDownstream modifiers only become model providers above the compute threshold in the Commission guidelines.A start-up fine-tunes an open model for its product.Art. 3(63), Art. 53; Commission GPAI guidelines (2025)✓ passes
Rebranding a high-risk systemPutting your name on a high-risk system makes you its provider.A company sells a vendor's high-risk hiring tool under its own brand.Role: distributor + providerArt. 25(1)(a)✓ passes
Modifying a minimal-risk toolArt. 25 only shifts the provider role for high-risk systems.A company customises a minimal-risk tool.Minimal riskArt. 25(1)✓ passes
Importer of a high-risk systemImporters must check conformity before placing it on the market.A company brings a non-EU vendor's high-risk system to the EU market.Role: importerArt. 23✓ passes
Distributor of a high-risk systemDistributors must check the CE marking and documentation.A reseller distributes a high-risk system.Role: distributorArt. 24✓ passes
High-risk system built for internal useBuilding for internal use makes you provider and deployer; product liability does not attach to purely internal use.A company builds its own AI to score staff performance.Role: provider + deployerArt. 3(3), Art. 3(4)✓ passes
Unsure about banned practicesFlagged as an open question with a warning; not classified as prohibited.The user is not sure whether any Art. 5 practice applies.Minimal riskArt. 5✓ passes
Meeting transcriptionMinimal risk under the AI Act, but personal data goes to a vendor.A team records and summarises meetings with an AI notetaker.Minimal riskArt. 4; Art. 28 GDPR✓ passes
Online exam proctoringDetecting prohibited behaviour during tests is an Annex III education use.A training provider monitors students for cheating with AI.High-risk (Annex III use)Annex III point 3(d)✓ passes
Fingerprint unlock for doorsBiometric verification that only confirms identity is not remote biometric identification.Staff unlock doors with a fingerprint reader.Minimal riskAnnex III point 1(a)✓ passes
Face recognition on camerasRemote biometric identification is high-risk where permitted.A retailer identifies people at a distance from camera footage.High-risk (Annex III use)Annex III point 1(a)✓ passes
Profiling outside high-risk areasNot an Annex III use, but profiling with personal data brings in GDPR rules on automated decisions and impact assessments.A shop uses AI to predict customer interests for recommendations.Minimal riskArt. 22, Art. 35 GDPR✓ passes

Rules dataset v1.2.2, law as of 2026-10-17. General information, not legal advice.

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