Applicable to: AI deployers.
Date of application: 2 august 2026.
Objective: to ensure that persons exposed to emotion recognition system or biometric categorisation system are informed about the operation of the system.
Regulation (EU) No 1689/2024 on Artificial Intelligence (AI Act) of 13 June 2024 introduced a series of transparency obligations within the European Union for suppliers and deployers of AI systems, even where such systems pose a limited risk (the lowest risk level assigned to certain AI systems under the risk-based approach adopted by the AI Act).
In this article, we will analyse the obligation covered by Article 50.3 of the AI Act, under which it is provided for:
Deployers of an emotion recognition system or a biometric categorisation system shall inform the natural persons exposed thereto of the operation of the system, and shall process the personal data in accordance with Regulations (EU) 2016/679 and (EU) 2018/1725 and Directive (EU) 2016/680, as applicable. This obligation shall not apply to AI systems used for biometric categorisation and emotion recognition, which are permitted by law to detect, prevent or investigate criminal offences, subject to appropriate safeguards for the rights and freedoms of third parties, and in accordance with Union law.
The key feature of this obligation is that the AI system must be designed for the purpose of emotion recognition or biometric categorisation:
Under this obligation, deployers must inform people whose personal data is being processed that the processing complies with the GDPR and, more generally, with the European Union legislation applicable to the case in question.
The information referred to in this obligation must be provided to the persons concerned in a clear and distinguishable manner at the latest at the time of the first interaction or exposure.
Finally, the AI Act has clarified that this obligation shall not apply to AI systems permitted by law to detect, prevent or investigate criminal offences, subject to appropriate safeguards for the rights and freedoms of third parties.
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