On 6 February 2025, the European Commission published a set of draft guidelines on the definition of ‘artificial intelligence (AI) system’ for the purposes of the EU AI Act, which began to apply on 2 February 2025.

Background

Under the EU AI Act (which aims to promote innovation while ensuring high levels of health, safety, and fundamental rights protection), AI systems are classified into different risk categories, including prohibited, high-risk, and those subject to transparency obligations.

Guidelines

The Commission explains that, by issuing these guidelines, it aims to assist providers and other relevant persons in determining whether a software system constitutes an AI system to facilitate the effective application of the rules. They have been published in addition to the Guidelines on prohibited AI practices, as defined by the EU AI Act.

The guidelines on the AI definition are not binding. The Commission notes that they are designed to evolve over time and will be updated as necessary, in particular in light of practical experiences, new questions and use cases that arise. 

Next steps

The Commission has approved the draft guidelines but they will now need to be formally adopted.