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CHAPTER X

AI Act Article 96: Guidelines from the Commission on the implementation of this Regulation

Amended text. Regulation (EU) 2026/1744, the Digital Omnibus on AI, amended this Regulation with effect from 27 July 2026. The articles it changed, and the six it inserted (4a, 60a, 75a, 75b, 75c and 75d), are shown here in their consolidated wording, taken from the official consolidated text of 27 July 2026. The recitals are those of the original Regulation. Consolidated text on EUR-Lex (CELEX 02024R1689-20260727).

This article was amended. The text below is its consolidated wording from 27 July 2026.

1. The Commission shall develop guidelines on the practical implementation of this Regulation, and in particular on:

(a) the application of the requirements and obligations referred to in Articles 8 to 15 and in Articles 25 and 26;

(b) the prohibited practices referred to in Article 5;

(c) the practical implementation of the provisions related to substantial modification;

(d) the practical implementation of transparency obligations laid down in Article 50;

(e) detailed information on the relationship of this Regulation with the Union harmonisation legislation listed in Annex I, as well as with other relevant Union law, including as regards consistency in their enforcement;

(f) the application of the definition of an AI system as set out in Article 3, point (1);

(g) the practical implementation of Article 8(2), Article 9(10) and Article 17(3) in accordance with the principle of complementarity and proportionality, with a view to ensuring consistency, avoiding duplication and minimising additional burdens when complying with the requirements of this Regulation and the requirements of the Union harmonisation legislation listed in Section A of Annex I; such guidelines shall be published by 1 August 2027.

When issuing such guidelines, the Commission shall involve the Board and pay particular attention to the needs of SMEs, including start-ups, and SMCs, of local public authorities and of the sectors most likely to be affected by this Regulation.

The guidelines referred to in the first subparagraph of this paragraph shall take due account of the generally acknowledged state of the art on AI, as well as of relevant harmonised standards and common specifications that are referred to in Articles 40 and 41, or of those harmonised standards or technical specifications that are set out pursuant to Union harmonisation law.

2. At the request of the Member States or the AI Office, or on its own initiative, the Commission shall update guidelines previously adopted when deemed necessary.

What this article means in practice

Written by Engage Compliance. The text above is the article itself, reproduced from its official source and unchanged. Everything in this section is ours, and last read against the current text on 2026-10-14.

Article 96 assigns the Commission the work of developing practical AI Act guidelines. It identifies topics and consultation requirements, including the relationship with product legislation, but it does not itself create a new certification process or replace the obligations in the articles those guidelines concern.

Who it binds

  • The Commission carries the guideline-development duty in Article 96(1). Providers and deployers are affected by the subjects explained, but the actor directed to develop the guidelines is the Commission.
  • The Board must be involved when guidelines are issued under Article 96(1). The text also directs particular attention to the specified smaller businesses, local public authorities and affected sectors.

What it makes somebody do

  • The Commission. Develop guidelines on the requirements and obligations referenced in Article 96(1)(a), and on prohibited practices under Article 96(1)(b).
  • The Commission. Address substantial modification under Article 96(1)(c), transparency obligations under Article 96(1)(d), and the relationship with other Union law under Article 96(1)(e).
  • The Commission. Cover application of the AI-system definition under Article 96(1)(f), rather than leaving the definition outside the guideline mandate.
  • The Commission. Develop guidelines on implementing Articles 8(2), 9(10) and 17(3) with complementarity and proportionality toward the Union harmonization legislation in Annex I, Section A, avoiding duplication and minimizing additional burdens; Article 96(1)(g) requires those guidelines to be published by August 1, 2027.
  • The Commission. Update previously adopted guidelines when deemed necessary, following a Member State or AI Office request or its own initiative, under Article 96(2).

What it does not say

  • Article 96 names the topics for guidelines; it does not reproduce their content. A note on this article can explain that assignment without treating any particular guidance document as part of the statute.
  • The requirement to consider the state of the art, standards and common specifications appears in Article 96(1). It does not say that any document bearing a standards label automatically resolves every obligation.
  • An update can follow a request under Article 96(2), but the text qualifies the update by necessity. It should not be described as an automatic revision whenever a request arrives.
  • A business reviewing its obligations should distinguish the underlying article from the Commission's explanatory work, since Article 96 itself directs the development and updating of guidelines.

Source: official text on EUR-Lex. Last checked 5 October 2026.