The AI Act enters the next phase: Does the regulation of artificial intelligence also affect your company?
Artificial intelligence has become a natural part of business. It is used in marketing, data analysis, customer support, recruitment but also in everyday internal processes. Even so, many companies still assume that it is a regulation intended exclusively for artificial intelligence developers or large technology companies such as OpenAI, Perplexity or NVIDIA.
In practice, this may not be the case at all.
The AI Act applies both to entities that create or market artificial intelligence (fornitori) but also to entities that use it in the course of their business activities (Deployers), while the responsibilities of the deployer vary according to the risk category of the AI system.
Key effective dates
The regulation entered into force in August 2024, with the first rules being applied gradually. From February 2025, for example, rules on the prohibition of unacceptable AI practices and the obligation to ensure an adequate level of AI literacy of employees have been in force.
From August 2, 2026other important provisions of the European Regulation on Artificial Intelligence come into force. At the next stage, obligations regarding transparency, supervision and regulation of specific categories of AI systems will begin to apply. Some rules on high-risk systems have been moved to a later period (start of 2027 and beyond) due to recent adjustments to EU rules on artificial intelligence (often referred to as 'Digital Omnibus on AI').
The new regulation has brought with it more than new obligations such as ensuring human oversight, monitoring and reporting of AI-related incidents, and employee training.
It brought the need to know:
- what AI tools and for what purpose the company uses them,
- what are the risks associated with their use,
- who is responsible for their use,
- what internal rules and processes need to be set up.
With AI ACT, the biggest problem is not the very existence of regulation. The biggest risk is assuming that it does not concern your company. For companies that want to use AI responsibly and safely, early preparation can be an important competitive advantage.
What does the AI Act mean for e-shops?
The AI Act does not prohibit the use of AI, for example, in the generation of product descriptions or in customer chatbots. However, it is necessary to use AI transparently, properly control AI outputs, and protect customers' personal data. Generative AI is also required from August 2, 2026, to label such content to make it clear that it is an AI-generated output. The above applies in particular to deepfake and systematic content, as well as content published without editorial supervision.
What does the AI Act mean for branding and marketing agencies?
In particular, this is the responsibility for AI-generated content. While generative AI enables faster creation, it also raises questions about accountability and transparency. The agency should be able to demonstrate what AI tools it uses and at the same time for what purpose and in what way it controls outputs. The early setting of internal rules for the use of AI and the contractual framework with clients represents a significant ex ante risk mitigation. It is also necessary to ensure clear labeling of AI-generated content from August 2, 2026.
AI Act in recruitment
The use of AI in recruiting also requires special attention. AI tools used to sort resumes, evaluate candidates, or support hiring decisions represent high-risk uses of AI. The company is obliged to ensure adequate human supervision, detailed documentation of the decision-making process and mitigation of the risk of discrimination or incorrect decision. The company is obliged to demonstrate ex post how the decision was taken.
AI Act and Sanctions and Compliance
The AI Act allows for penalties of up to 35 million. EUR (or 7% of global annual turnover) for the most serious infringements The goal of AI governance is not to limit AI implicitly. It aims to ensure the use of AI from the beginning of lege artis (in accordance with the law).
In our office, we have been dedicated to intellectual property law, technology and innovation for a long time. We see the AI Act as a natural part of business digitalization and help clients navigate the new rules so that regulation does not hinder their business, but promotes its safe development.
One thing is certain: the most expensive item in AI compliance will be procrastination. Companies that begin to address AI governance only after the first inspection or after the first problem will generally face higher costs than those that map and set up their AI processes now.
If you are considering how to use AI in your company in accordance with the new rules, we will be happy to talk to you about this topic.