ARTICLE
26 June 2026

Is Your AI System High-risk? Key Takeaways From European Commission’s Draft Guideline

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The European Commission has published draft guidelines to help businesses determine whether their AI systems fall under the high-risk category of the EU AI Act. These non-binding guidelines interpret key classification concepts and provide practical examples across three main sections: general assessment principles, AI systems embedded in regulated products, and standalone high-risk AI systems. Understanding these guidelines is crucial for providers and deployers seeking to navigate AI compliance requiremen
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The European Commission recently published draft guidelines on the classification of high-risk AI systems under the EU Artificial Intelligence (“AI”) Act. The guidelines, though not legally binding, will assist providers and deployers of AI systems in assessing whether an AI system should be classified as high-risk. The guidelines set out the Commission’s interpretation of certain key concepts that are relevant for classification purposes and, in accordance with Article 6(5) of the AI Act, provide practical examples of AI systems that may or may not be classified as high-risk under Article 6 of the AI Act.

The guidelines are divided into three sections, including (1) the general principles for assessing high-risk classification; (2) high-risk AI systems embedded into regulated products under Article 6(1) and Annex I, and (3) standalone high-risk AI systems under Article 6(2) and Annex III. This briefing provides an overview of the key highlights of each section of the guidelines, and some takeaways for businesses to consider when assessing whether their AI systems should be classified as high-risk.

To explore the Commission’s latest guidance on high-risk AI systems in more detail, click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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