Prohibited AI Practices – Art. 5
Overview
Since 2 February 2025, certain AI practices have been prohibited in the EU. Infringements are subject to fines of up to EUR 35 million or 7 % of total worldwide annual turnover, whichever is higher.
Catalogue of Prohibitions
Art. 5 prohibits AI systems that:
- Employ subliminal manipulation to materially influence the behaviour of persons and cause them harm
- Exploit vulnerabilities — on the basis of age, disability, or social/economic situation
- Carry out social scoring — evaluation of natural persons on the basis of their social behaviour, leading to unjustified disadvantage
- Make crime predictions solely on the basis of profiling (without concrete grounds for suspicion)
- Build facial recognition databases through untargeted scraping from the internet or CCTV footage
- Deploy emotion recognition in the workplace or in educational institutions (exceptions: medical/safety-related purposes)
- Perform biometric categorisation based on sensitive characteristics (race, political opinion, trade union membership, sexual orientation, religion)
- Use real-time remote biometric identification in publicly accessible spaces for law enforcement purposes (narrow exceptions: missing persons, counter-terrorism, serious criminal offences)
BAUER GROUP Relevance
Assessment Result
None of the current or planned BAUER GROUP products falls within the catalogue of prohibitions under Art. 5. The BAUER GROUP does not develop social scoring systems, emotion recognition software for the workplace, biometric categorisation systems, or real-time surveillance technology.
This assessment is reviewed annually and upon every new product development involving an AI component.