By using this site, you agree to the Privacy Policy and Terms of Use.
Accept

AceFortis

Cybersecurity Research

  • Home
  • Training
  • Compliance
  • Awareness
  • Research
    • Penetration Testing
    • CVE & Vulnerabilities
    • Hacking Tutorials
    • Tools & Reviews
    • Certifications
    • CTF
  • About
  • Contact
Search

Categories

  • Cybersecurity
  • Penetration Testing
  • Frameworks & Theory
  • CVE & Vulnerabilities
  • Hacking Tutorials
  • Tools & Reviews
  • CTF
  • Certifications
  • About AceFortis
  • Privacy Policy
  • Cybersecurity Training
  • Terms of Use

Tools & Platforms

  • TryHackMe vs HackTheBox: A Beginner’s Comparison
  • Burp Suite vs OWASP ZAP: Complete Pentesting Comparison
  • Kali vs Parrot OS: Best Pentesting Distro 2026 Comparison
  • Metasploit vs Cobalt Strike: Features, Pricing, Evasion
  • Nmap Network Scanning Tutorial for Beginners (2026)
  • Cookie Policy (EU)
  • About
  • Contact
  • Privacy Policy
  • Sitemap
  • Terms of Use
© 2026 AceFortis. All Rights Reserved.
Reading: EU AI Act: What Businesses Must Do Now (2026 Update)
Share
Notification Show More
Font ResizerAa

AceFortis

Cybersecurity Research

Font ResizerAa
Search
Follow US
  • About
  • Contact
  • Privacy Policy
  • Sitemap
  • Terms of Use
© 2026 AceFortis. All Rights Reserved.
Compliance

EU AI Act: What Businesses Must Do Now (2026 Update)

Akash Kumar
Last updated: October 18, 2026 2:46 pm
Akash Kumar
Share
SHARE

Your staff are already using AI: a chatbot to draft emails, a meeting-notes assistant, an AI feature inside your HR or CRM software. Under the EU AI Act, some of your obligations for that use already apply, and the timetable for the rest changed in July 2026.

Contents
The AI Act in one paragraphThe four risk categoriesApplication dates after the Digital OmnibusItaly: national AI lawAI literacy (Article 4): the obligation that already appliesCybersecurity for high-risk AI (Article 15)PenaltiesWhat to do now: practical steps1. Build an AI inventory2. Check for prohibited uses and transparency duties3. Flag potential high-risk uses early4. Publish an AI acceptable-use policy5. Train staff by role6. Connect AI to your existing governanceQuick checklistFAQWas the EU AI Act postponed?Does the AI Act apply if we only use tools like ChatGPT or Copilot?Does the AI Act apply to UK and US companies?Who enforces the AI Act in Italy?Sources

This guide explains where the AI Act stands as of October 2026, which dates moved under the Digital Omnibus on AI, what the AI literacy duty and the Article 15 cybersecurity requirement mean in practice, and the steps you should take now.

The AI Act in one paragraph

The AI Act is Regulation (EU) 2024/1689. It was published in the Official Journal on 12 July 2024 and entered into force on 1 August 2024. It applies to organisations that place AI systems on the EU market or use them in the EU, including companies based outside the EU. It takes a risk-based approach: the higher the risk an AI use poses to health, safety or fundamental rights, the stricter the rules.

Most obligations attach to two roles:

  • Providers develop an AI system (or have it developed) and place it on the market or put it into service under their own name.
  • Deployers use an AI system under their authority in a professional context. Most businesses are deployers of tools they buy.

Importers, distributors and authorised representatives also have defined duties. One organisation can hold several roles, for example if you build an AI feature into your own product.

The four risk categories

CategoryTreatmentExamples
Unacceptable riskProhibited (Article 5)Harmful manipulation, social scoring, untargeted scraping of facial images to build recognition databases, emotion recognition in workplaces and schools (with limited exceptions)
High riskAllowed, subject to strict requirementsAI used in recruitment and worker management, credit scoring, education, critical infrastructure, essential services, law enforcement, migration and justice (Annex III); AI that is a safety component of regulated products (Annex I)
Transparency riskDisclosure duties (Article 50)Chatbots must tell people they are dealing with AI; AI-generated or manipulated content, including deepfakes, must be identifiable
Minimal or no riskNo specific AI Act rulesSpam filters, AI in video games, most everyday productivity uses

Separately, the Act sets rules for general-purpose AI (GPAI) models, such as large language models, which mainly fall on the model providers rather than on businesses that use them.

Application dates after the Digital Omnibus

The AI Act applies in stages. In November 2025 the European Commission proposed the Digital Omnibus on AI to simplify implementation and delay the high-risk rules. That proposal is no longer a proposal: it was adopted as Regulation (EU) 2026/1744, signed on 8 July 2026, published in the Official Journal on 24 July 2026 and in force since 27 July 2026.

ObligationOriginal dateDate as of October 2026
Prohibited practices (Art. 5) and AI literacy (Art. 4)2 February 20252 February 2025 – already applies
GPAI model obligations, governance, penalties2 August 20252 August 2025 – already applies
General application, including transparency duties (Art. 50)2 August 20262 August 2026 – already applies
Machine-readable marking of AI-generated content (Art. 50(2)) for systems placed on the market before 2 August 20262 August 20262 December 2026 (grace period)
New prohibition: AI systems generating non-consensual intimate content or child sexual abuse materialNot in original Act2 December 2026
High-risk systems in Annex III (e.g. employment, credit, education)2 August 20262 December 2027
High-risk systems in Annex I (AI in regulated products)2 August 20272 August 2028
Legacy high-risk systems used by public authorities2 August 20302 August 2030

Three points to take from this:

  • Nothing that already applied was paused. The prohibitions, AI literacy, GPAI rules and penalties continue to apply.
  • Transparency rules were not postponed. If you run a customer-facing chatbot or publish AI-generated content, Article 50 applies now.
  • The high-risk delay is time to prepare, not an exemption. If you use AI for hiring, performance evaluation or creditworthiness, December 2027 is closer than it looks once you factor in vendor contracts and documentation.

The Omnibus also extended simplified documentation to small mid-cap companies, widened access to regulatory sandboxes and strengthened the AI Office’s oversight of AI systems built on GPAI models.

Do not confuse this with the wider Digital Omnibus. The Commission’s separate Digital Omnibus proposal on data, GDPR and a single incident-reporting entry point is a different legislative file. As of October 2026 it is still a proposal under negotiation and has not been adopted.

Italy: national AI law

Italy adopted its own framework law, Law No. 132 of 23 September 2025, in force since 10 October 2025. It complements the AI Act and designates AgID and ACN as national AI authorities. If you operate in Italy, follow guidance from both.

AI literacy (Article 4): the obligation that already applies

Article 4 applies to all providers and deployers, whatever the risk level of the AI system. It is the obligation most businesses already have today.

The Digital Omnibus rewrote Article 4. In its amended form, providers and deployers shall take measures to support the development of AI literacy of their staff. The amended text makes clear that this does not require you to guarantee any specific level of AI literacy for any individual. The Commission and Member States must support these efforts, and the Commission will publish practical examples of how to comply.

In practice, “measures” means you should be able to show:

  • Which staff use or oversee which AI systems.
  • What training or guidance each group received, and when.
  • That the content fits their role, technical knowledge and the context of use.
  • That training is refreshed when tools or risks change.

Article 99 does not set a dedicated fine tier for Article 4. Even so, documented AI literacy is the foundation for meeting the human-oversight and transparency duties that are enforced, and it is the first thing a regulator or customer is likely to ask about.

Cybersecurity for high-risk AI (Article 15)

Article 15 requires high-risk AI systems to achieve an appropriate level of accuracy, robustness and cybersecurity, and to perform consistently throughout their lifecycle. Its main elements are:

  • Declared accuracy: accuracy levels and metrics must be stated in the instructions for use.
  • Resilience: systems should be as resilient as possible to errors, faults and inconsistencies, using technical and organisational measures such as redundancy and fail-safe plans.
  • Feedback loops: systems that keep learning after deployment must reduce the risk of biased outputs influencing future inputs.
  • Resistance to attack: systems must resist attempts by unauthorised third parties to alter their use, outputs or performance by exploiting vulnerabilities.
  • AI-specific threats: where appropriate, measures must prevent, detect, respond to and control attacks such as data poisoning, model poisoning, adversarial examples (model evasion), confidentiality attacks and model flaws.

Under the amended timetable, Article 15 applies from 2 December 2027 for Annex III systems and 2 August 2028 for Annex I systems. Article 15 duties fall mainly on providers, but deployers need evidence from their vendors that the requirements are met, and deployers’ own security controls around the system still matter.

For a security team, Article 15 extends familiar practice to AI: threat modelling that includes prompt injection and poisoning, access control on models and training data, logging, testing before release, and incident response that covers AI behaviour. Our article The AI Tools You Trust Can Be Turned Against You covers the attack side, and Zero Trust Architecture is a useful model for limiting what an AI tool can reach.

Penalties

Article 99 sets maximum fines of up to EUR 35 million or 7% of worldwide annual turnover for prohibited practices; up to EUR 15 million or 3% for breaches of most other operator obligations; and up to EUR 7.5 million or 1% for supplying incorrect or misleading information to authorities. For large companies the higher figure applies; for SMEs and start-ups, the lower one.

This is general guidance, not legal advice.

What to do now: practical steps

1. Build an AI inventory

You cannot classify what you have not found. Start with procurement records, SaaS admin consoles, browser extension lists and a short staff survey. Many AI features arrive silently inside existing software.

FieldWhat to record
System / featureName, vendor, version, whether built in-house
Business ownerNamed person accountable for the use
Purpose and usersWhat it is used for, by which teams, affecting whom
Your roleProvider, deployer or both
Risk categoryProhibited, high (Annex I/III), transparency, minimal; with reasoning
DataPersonal data, confidential data, where it is processed and stored
SecurityAccess controls, logging, vendor security evidence
TrainingWhich users received AI literacy training and when

2. Check for prohibited uses and transparency duties

Confirm that nothing in the inventory falls under Article 5. Then list every customer-facing chatbot and every place you publish AI-generated images, audio, video or public-interest text, and make sure the required disclosures are in place.

3. Flag potential high-risk uses early

HR screening, employee monitoring and credit decisions are the most common high-risk uses in ordinary businesses. For each, ask the vendor for its AI Act compliance roadmap, and plan for deployer duties such as human oversight, monitoring, log retention and informing workers.

4. Publish an AI acceptable-use policy

A short, clear policy prevents most problems. It should cover:

  • Approved tools and how to request a new one.
  • What data must never be entered into AI tools (personal data, client confidential data, credentials, source code, unless approved).
  • The need for human review before AI output is used in decisions about people or sent to customers.
  • Disclosure rules for AI-generated content.
  • How to report errors, misuse or suspected security issues.

5. Train staff by role

One generic video will not satisfy Article 4. Plan at least three levels: all staff (what AI is, risks, your policy); power users and AI system owners (limitations, bias, oversight, data handling); and management (accountability, risk appetite, regulatory exposure). Fold this into your existing security awareness training program and keep attendance records.

6. Connect AI to your existing governance

Do not build a parallel universe. Map AI risks into your ISMS, your GDPR records, your vendor risk process and, if you are in scope, your NIS2 risk management. See our NIS2 guide for how those obligations overlap.

Quick checklist

  • AI inventory created and owned
  • Prohibited-practice check completed
  • Article 50 disclosures in place for chatbots and generated content
  • Potential high-risk uses flagged, vendors contacted
  • AI acceptable-use policy approved and communicated
  • Role-based AI literacy training delivered and recorded
  • AI added to risk register, vendor assessments and incident response plan

AceFortis runs practical AI literacy and AI governance training for staff and management, aligned with the AI Act — get in touch to plan a session.

FAQ

Was the EU AI Act postponed?

Partly. The Digital Omnibus on AI (Regulation (EU) 2026/1744) moved the high-risk deadlines to 2 December 2027 (Annex III) and 2 August 2028 (Annex I). The prohibitions, AI literacy, GPAI rules and transparency duties were not postponed.

Does the AI Act apply if we only use tools like ChatGPT or Copilot?

Yes. As a deployer you must take AI literacy measures under Article 4, and transparency duties apply if you use AI to interact with customers or publish generated content. Most internal productivity use is otherwise minimal risk.

Does the AI Act apply to UK and US companies?

It can. The Act applies to providers placing AI systems on the EU market and, in some cases, to providers and deployers outside the EU whose AI output is used in the EU.

Who enforces the AI Act in Italy?

Italy’s Law No. 132/2025 designates AgID and ACN as national AI authorities, while the European AI Office oversees general-purpose AI models.

Sources

  • EUR-Lex – Regulation (EU) 2024/1689 (AI Act)
  • EUR-Lex – Regulation (EU) 2026/1744 (Digital Omnibus on AI)
  • European Commission – AI Act regulatory framework and timeline
  • Council of the EU – Final green light for AI simplification rules (29 June 2026)

You Might Also Like

Password Policy in 2026: What NIST SP 800-63B Recommends
NIST CSF 2.0 Explained: Functions, Tiers, Profiles
GDPR Breach Notification: The 72-Hour Rule
NIS2 Compliance Checklist: Article 21 Evidence Guide
NIS2 Directive Explained: Scope, Duties and Fines
TAGGED:AI GovernanceAI LiteracyComplianceCybersecurityDigital OmnibusEU AI Act

Sign Up For Daily Newsletter

Be keep up! Get the latest breaking news delivered straight to your inbox.
[mc4wp_form]
By signing up, you agree to our Terms of Use and acknowledge the data practices in our Privacy Policy. You may unsubscribe at any time.
Share This Article
Facebook Copy Link Print
Share
ByAkash Kumar
Follow:
Akash Kumar, founder of AceFortis. Penetration tester and cybersecurity trainer based in Milan, and cybersecurity instructor at DEMOS Fondazione ITS. Expertise: penetration testing, red teaming and Active Directory security. I offer security awareness training, phishing simulations and courses on NIS2, DORA and ISO 27001 for companies and institutions, in English and Italian. Certifications: CPENT, CRTA, eJPT, PT1.
Previous Article Password Policy in 2026: What NIST SP 800-63B Recommends
Leave a Comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Latest News

How to Run a Cyber Tabletop Exercise: Ransomware Scenario
Security Awareness & Training
30-Day Security Awareness Training Plan
Security Awareness & Training
SOC 2 vs ISO 27001: Which Do You Need?
Compliance
How to Run a Phishing Simulation Program
Security Awareness & Training

You Might also Like

NIS2 vs DORA vs GDPR: Which Applies to You?

Akash Kumar
Akash Kumar
15 Min Read

ISO 27001:2022 Implementation Roadmap for SMEs

Akash Kumar
Akash Kumar
16 Min Read

DORA Explained: Digital Operational Resilience Act

Akash Kumar
Akash Kumar
15 Min Read
//

Sharing knowledge that keeps the digital world a little safer.

Sign Up for Our Newsletter

Subscribe to our newsletter to get our newest articles instantly!

[mc4wp_form id=”1616″]

AceFortisAceFortis
Follow US
© 2026 AceFortis. All Rights Reserved.
Manage Consent
To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
Functional Always active
The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
  • Manage options
  • Manage services
  • Manage {vendor_count} vendors
  • Read more about these purposes
View preferences
  • {title}
  • {title}
  • {title}
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?