EU AI Act · Art. 5

Cease or do not launch the prohibited practice

The flagged practice is banned outright, with the highest penalty tier. Stop, redesign, or obtain a documented legal opinion that a statutory exception applies before any EU exposure.

What do you actually have to do?

The flagged practice is banned outright, with the highest penalty tier. Stop, redesign, or obtain a documented legal opinion that a statutory exception applies before any EU exposure.

Statutory basis: Art. 5 — https://artificialintelligenceact.eu/article/5/

Who does this apply to?

  • Provider
  • Deployer
  • Importer
  • Distributor

When does it apply?

  • 2025-02-02 — prohibited since 2 February 2025
  • 2026-12-02 — prohibited from 2 December 2026 (Art. 5(1)(ba)-(bb), Digital Omnibus)

Does ISO 42001 or NIST AI RMF cover this duty?

Requirement-level mappings from Shieldra's crosswalk pack (v2026.07.30). Partial mappings contribute evidence but deliberately do not count as coverage.

Mapped requirementStrengthWhy (and what’s missing)
NIST AI RMF GOVERN-1.1PartialA maintained register of AI legal obligations is how a prohibited practice gets caught, but ceasing or redesigning it is a separate substantive act.

Disclaimer

Compliance guidance, not legal advice. Confirm obligations with counsel. Pack verified 2026-09-16.

Frequently asked questions

What does "Cease or do not launch the prohibited practice" require?

The flagged practice is banned outright, with the highest penalty tier. Stop, redesign, or obtain a documented legal opinion that a statutory exception applies before any EU exposure.

When does this obligation apply?

prohibited since 2 February 2025. prohibited from 2 December 2026 (Art. 5(1)(ba)-(bb), Digital Omnibus)

Who does this obligation apply to?

The provider and deployer and importer and distributor roles under the EU AI Act. Statutory basis: Art. 5.