European Commission consults on draft rules for AI Act enforcement cases

The proposal, open for comment until 9 November 2026, would let each investigative step reset the five-year penalty clock, up to a ten-year cap. The text is not yet Commission policy.

1 November 2026

A staircase of six steps leading up to a large clock, with a small hourglass on the bottom step symbolising penalty time limits that can restart. — Illustration generated with AI.

The European Commission opened a public consultation on 12 October 2026 on draft rules setting out access to files, negotiated disclosure and penalty time limits for its own AI Act enforcement cases. It closes at midnight Brussels time on 9 November 2026.

The draft would let each of six investigative steps reset the five-year clock for penalties, up to a ten-year cap, and is not yet Commission policy.

The Digital Omnibus on AI, Regulation (EU) 2026/1744, was adopted on 8 July 2026. It appeared in the Official Journal on 24 July, inserting Articles 75a to 75d into the AI Act. Through the Digital Omnibus, the EU AI Office was given competence over the AI systems of the largest platforms and model houses, as the amendments describe them.

The draft, registered under the number Ares(2026)9589403 and dated 12 October 2026, sets practical arrangements for proceedings under Articles 75c and 75d of Regulation (EU) 2024/1689. The penalty regime it works within, under Article 75c, allows periodic penalty payments of up to 5% of average daily income or turnover. Fines can reach 35 million euros or 7% of worldwide annual turnover for prohibited practices, and 15 million euros or 3% for most other infringements.

Article 75c(8) of the Regulation sets a five-year limitation period for imposing and enforcing penalties. The draft's six investigative steps would each reset that period, up to a ten-year cap. Narracomm, an analysis outlet, has argued that the draft's structure concentrates control over file handling and timing with the Commission for the systems under its exclusive competence under Article 75(1).

GISAD, a German association that advises on digital law, has welcomed the draft in principle, according to a position paper on its website. It wants interruptions of the limitation period tied to formal procedural acts, and the ten-year cap made an absolute cap, the paper says. The draft itself does not say when the Commission intends to adopt it.