Guidelines on the implementation of the transparency obligations for certain AI systems under Article 50 of the AI Act — C(2026) 5054 final, Annex

(25) Recital 137 AI Act clarifies that compliance with the transparency obligations under Article 50 AI Act for a particular AI system cannot be interpreted as indicating that the use of that AI system or its output is lawful under the AI Act. In particular, AI systems subject to the obligations in Article 50 AI Act may fall under Article 5 AI Act and thus be prohibited (e.g., such as the use of emotion recognition systems in the area of workplace or education institutions) (12). Furthermore, AI systems falling within the scope of Article 50 AI Act may also be classified as high-risk (13) and be subject to the relevant requirements and obligations for such systems. Compliance with Article 50

(10) Recital 25 AI Act.

(11) Recital 102 AI Act explains that a release of software and data under free and open-source licence “allows them to be openly shared and where users can freely access, use, modify and redistribute them or modified versions thereto”.

(12) For further information on Article 5 AI Act, see Commission Guidelines on prohibited artificial intelligence practices established by Regulation (EU) 2024/1689 (AI Act), C(2025) 5052 final.

(13) See Article 6 AI Act.

AI Act therefore does not replace, limit or affect obligations arising under other provisions of the AI Act (14). At the same time, AI systems can also fall within the scope of Article 50 AI Act without being classified as high-risk pursuant to Article 6 AI Act. Literacy requirements under Article 4 AI Act also apply to both providers and deployers of AI systems within the scope of Article 50 AI Act.