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European Commission releases draft AI Act guidelines for classifying high-risk AI systems

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9

Why it matters

On May 19, 2026, the European Commission released draft guidelines for determining whether an AI system qualifies as "high-risk" under the EU AI Act (Regulation 2024/1689). The guidance addresses Article 6 of the Act and covers high-risk categories listed in Annexes I and III, including AI systems functioning as safety components in regulated products and systems deployed in sensitive contexts affecting health, safety, or fundamental rights. The Commission is accepting public comment through June 23, 2026, before finalizing the rules.

The draft provides a classification methodology and practical examples to help AI providers, deployers, and other regulated actors determine their compliance obligations. The guidance itself is non-binding but intended to clarify how the law applies in practice. The full text of the draft and submission procedures have not yet been detailed publicly.

High-risk classification triggers the AI Act's most stringent requirements: governance frameworks, technical documentation, risk management systems, and conformity assessment. Attorneys advising AI companies should monitor the final guidance closely, as it will directly shape compliance timelines and resource allocation. The staggered implementation of the AI Act means obligations are arriving in phases; clarity on high-risk status is now critical for companies building compliance programs before the relevant deadlines take effect.

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