EU opens consultation on AI Act enforcement rules

Companies can send views to the European Commission until 9 November. Fines reach 35 million euros for banned AI practices.

Companies can now send their views to the European Commission on how the EU will enforce its AI Act in practice. The European Commission opened a public 'Have your say' consultation on the draft implementing regulation on 12 October. It closes on 9 November at midnight Brussels time, with adoption planned for the fourth quarter of 2026.

The draft sets the practical rules for how the Commission will enforce the act itself, under Regulation (EU) 2024/1689. Operators would get access to the case file and negotiated disclosure under Article 75d. The text also fixes limitation periods for penalties under Article 75c. The draft also covers procedural safeguards for these cases. Both sets of rules are needed for Commission proceedings against operators, where enforcement is an exclusive EU task.

The fines are written into Article 75c. They reach 35 million euros or 7% of worldwide annual turnover for prohibited practices, and 15 million euros or 3% for most other infringements. The Commission can also impose periodic penalty payments of up to 5% of average daily income or turnover. Penalties carry a five-year limitation period for imposing and enforcing them. The draft lists six investigative steps, and each one would reset that clock, up to a 10-year cap.

Eight organisations have filed submissions so far. The advisory group GISAD welcomed the draft in principle. GISAD said access should reach bound internal technical staff, or be structurally enabled for small and mid-sized operators.

The draft carries registration number Ares(2026)9589403 and is dated 12 October 2026. It has not been adopted or endorsed by the European Commission. The text states it may not be read as an official Commission position. The draft text itself says adoption timing is not specified. There is no date in it for adoption.