Legal Q&A · IT, Software & E-commerce

When does the AI Act apply, and who does it cover?

Law as at 22 September 2026

Short answer

The AI Act applies progressively: the first general provisions and prohibitions from 2 February 2025, rules for general-purpose AI models from 2 August 2025, with 2 August 2026 remaining the general application date. Regulation (EU) 2026/1744, however, postponed Chapter III, Sections 1 to 3, except Article 6(5): until 2 December 2027 for high-risk systems under Annex III and until 2 August 2028 for systems linked to regulated products under Annex I. It covers providers and businesses deploying AI; their specific duties depend on their role and the system.

A directly applicable Regulation

The AI Act is Regulation (EU) 2024/1689 of the European Parliament and of the Council on artificial intelligence. As a Regulation, it is binding in its entirety and directly applicable in all Member States: no separate implementing Act is needed for it to apply in Slovakia. It entered into force on 1 August 2024, but its rules apply in stages.

When does the AI Act apply?

Article 113, as amended by Regulation (EU) 2026/1744, sets the timetable. The current dates are:

  • 2 February 2025: general provisions and prohibitions on certain AI practices (Chapters I and II); the prohibitions that the amendment added in Article 5(1), first subparagraph, points (ba) and (bb), and in Article 5(1a) and (1b) apply only from 2 December 2026.
  • 2 August 2025: rules for general-purpose AI models, such as large language models, and some governance and penalty provisions.
  • 2 August 2026: the general application date remains in place, but this does not mean that all rules for high-risk systems take effect at once.
  • 2 December 2027: Chapter III, Sections 1 to 3, except Article 6(5), for high-risk systems under Article 6(2) and Annex III.
  • 2 August 2028: the same group of obligations for systems under Article 6(1) linked to regulated products under Annex I.

For a specific system, the transitional rules in Article 111 must also be considered. Postponing the high-risk-system obligations does not automatically postpone the entire AI Act or its general transparency obligations.

The amendment also reached beyond the timetable. A new wording of Article 4 on AI literacy applies from 27 July 2026: the duty to take measures supporting its development remains, but it does not require guaranteeing any specific level of AI literacy of any individual. Providers of systems generating synthetic audio, image, video or text content that were placed on the market before 2 August 2026 also have until 2 December 2026 to comply with the duty to mark such output (Article 50(2)), under Article 111(4).

Who does the AI Act cover?

Its scope is broad (Article 2). It applies particularly to providers placing an AI system or model on the Union market or putting it into service there, even if established in a third country, and to deployers using AI in their activities and established in the Union. It also covers providers and users outside the EU where the system’s output is used in the Union, as well as importers, distributors and manufacturers of products incorporating AI.

Exceptions include purely personal, non-professional use, systems exclusively for military and security purposes, pure scientific research and development, and generally free and open-source software unless it is a high-risk system or a system under Article 5 or 50. In practice, the AI Act covers ordinary companies using AI in recruitment, client assessment or marketing as well as technology businesses.

Which practices are already prohibited?

Since February 2025, certain practices are prohibited entirely under Article 5, including manipulative subliminal techniques, exploitation of vulnerabilities, social scoring, untargeted scraping of facial images from the internet, emotion recognition at work and in schools, and biometric categorisation by sensitive characteristics. Every company’s first step should therefore be to determine whether any tool it uses falls into a prohibited or high-risk category.

Our AI Act compliance service supports tool audits, risk classification, transparency duties and oversight. Since AI closely involves personal data, we usually combine this with GDPR and personal data protection and software licence terms.

This answer provides general information on the law as at 22 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. A customer wants to resell a licence to our software. May we prohibit that? It depends on what you sold the customer. If it received a copy of the program with a licence for an unlimited period for a one-off price, the author's right to control further sale of that copy has been exhausted within the EU, and a prohibition in the licence terms will not prevent it. The customer must, however, make its own copy unusable and may not divide a multi-user licence. With a subscription, a licence limited in time or SaaS, no sale of a copy takes place and assignment of the licence is subject to the contract and to the author's consent.
  2. A customer is leaving our SaaS service for another supplier. Must we assist with the switch? Yes. Since 12 September 2025, the EU Data Act has applied, requiring providers of data processing services, including SaaS, to enable a customer to switch to another provider and to port its exportable data. The contract must provide for a notice period for initiating the switch of no more than two months, a transitional period of no more than 30 days, and a data retrieval period of at least 30 days. From 12 January 2027 you may no longer charge any fees for switching, unless the service is a custom-built one under Article 31.
  3. Can we increase the subscription price for our SaaS customers during the term of the agreement? Only if you reserve the right in advance in the agreement and observe the statutory limits. Against consumers, a term allowing the trader to change the contractual terms unilaterally without a ground agreed in the agreement, or to increase the price substantially without the consumer being able to withdraw, is unfair. For open-ended agreements the Act expressly permits a reserved change of terms where the trader gives written notice a reasonable time in advance and the customer may terminate free of charge as of the date the change takes effect. Between businesses the agreement governs; in Czechia the Act itself sets out when a supplier may change its standard terms.
  4. The supplier failed to meet the SLA. Is a credit all we get, or may we also claim damages? It depends on how the credits are constructed in the contract. If they amount to a contractual penalty, you will not obtain damages for the same breach under the Civil Code unless the contract expressly permits a claim for loss exceeding the penalty. If the credits are a reduction of the price for a service level not delivered, they do not in themselves exclude damages, although contracts often limit them by a sole-remedy clause. A complete advance waiver of damages is not permitted by the Commercial Code, and the validity of caps on damages has not been definitively resolved.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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