Art.5
EU AI Act Guide › Chapter II — Prohibited AI Practices › Article 5

Article 5 — Prohibited AI Practices

Prohibited AI SME Relevant ~2 min read · 411 words

Article 5 draws the hard lines. It lists eight categories of AI use that are completely banned in the EU — no exceptions, no risk assessments, no compliance workarounds. If your AI system falls into any of these categories, it cannot legally operate in the EU.

✓ Low compliance impact for SMEs

WHAT THE ARTICLE IS ABOUT

The absolute limits — eight banned categories

Article 5 defines the absolute limits of the EU AI Act — AI practices so harmful to fundamental rights, safety, and human dignity that they are prohibited outright. These are not high-risk systems requiring extra compliance. They are banned entirely.

WHAT IT SAYS

The eight prohibited practices

  • Subliminal manipulation: AI systems that use techniques beyond a person’s awareness to manipulate behaviour in ways that cause harm are prohibited
  • Exploitation of vulnerabilities: AI that exploits the vulnerabilities of specific groups — based on age, disability, or social situation — to distort behaviour harmfully is banned
  • Social scoring: AI used by public authorities to evaluate or classify people based on social behaviour in ways that lead to detrimental treatment is prohibited
  • Real-time remote biometric identification in public spaces: Live facial recognition by law enforcement is banned with narrow exceptions for serious crime investigations
  • Biometric categorisation inferring sensitive attributes: AI that categorises people to infer race, political opinion, religion, or sexual orientation is prohibited
  • Emotion recognition in workplaces and education: AI that infers emotions of individuals in professional or educational settings is banned
  • Predictive policing based on profiling: AI used to assess individual risk of criminal behaviour based solely on profiling is prohibited
  • Scraping facial images: Building facial recognition databases by untargeted scraping of images from the internet or CCTV is banned

WHO IS AFFECTED

Primarily large-scale operators — but SMEs must check

  • Any provider or deployer attempting to use AI in the above categories within the EU
  • Law enforcement agencies (subject to specific narrow exemptions for real-time biometric ID)
  • HR technology vendors offering emotion recognition tools
  • Public authorities using any form of social scoring

WHAT IT MEANS FOR SMES

Mostly distant — but one area to watch closely

  • Most SMEs will never come close to these prohibited categories — they are primarily aimed at large-scale surveillance and government systems
  • However: if you are evaluating HR or recruitment AI tools, check carefully whether they include emotion recognition or behavioural inference — some do, and deploying them in the EU is illegal
  • If you are building consumer AI, ensure it does not exploit vulnerable users — this is broader than it sounds and catches dark pattern AI design
  • The penalties for prohibited practices are the highest in the Act: up to 35 million euros or 7% of global annual turnover

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