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

(152) Provider and deployers that do not comply with the applicable transparency obligations laid down in Article 50 AI Act may be fined up to EUR 15 000 000 or, if the offender is an undertaking, up to 3% of its total worldwide annual turnover for the preceding financial year, whichever is higher. EU institutions, bodies and agencies that violate the transparency obligations may be subject to administrative fines of up to EUR 750 000. In the case of small and medium-sized enterprises (SMEs), including start-ups, each fine shall be up to the above percentages or amount, whichever is lower. The fines shall be effective, proportionate and dissuasive and take into account the interests of SMEs and small mid-cap enterprises (SMCs), including start-ups, and their economic viability. When deciding whether to impose an administrative fine and when deciding on the amount of the administrative fine in each individual case, the competent authorities should assess all relevant circumstances of the specific situation and, as appropriate, a range of factors that affect the seriousness of the infringement (e.g. nature, gravity and duration of the infringement and of its consequences, negligent or intentional character, other aggravating or mitigating circumstances, the degree of cooperation with market surveillance authorities etc.).