Article 99 sets the AI Act's three-tier administrative fine regime. Tier 1: up to €35M or 7% of global annual turnover (whichever is higher) for breaching the Art. 5 prohibitions. Tier 2: up to €15M or 3% for non-compliance with most other operator obligations. Tier 3: up to €7.5M or 1% for supplying incorrect, incomplete, or misleading information to authorities. Member States may set lower caps for SMEs and start-ups. Article 99(7) lists the factors authorities consider when setting the actual amount.
What you must do
- → Use the penalty regime to size budget for compliance, not to negotiate with auditors.
- → Document mitigating factors throughout your compliance lifecycle — they reduce actual fines.
The authoritative text of Article 99 is published by the Publications Office of the European Union on EUR-Lex. We link directly to it rather than mirror it, so you always read the current consolidated version straight from the source.
Read Article 99 on EUR-LexSource: Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence (Artificial Intelligence Act). The only authentic version is the one published in the Official Journal of the European Union.