Maine Street Partners

[ MSP.DD ] For investors and founders · Updated

What are the fines under the EU AI Act?

Short answer

Up to €35 million or 7% of worldwide annual turnover for prohibited AI practices, up to €15 million or 3% for breaching most other obligations, and up to €7.5 million or 1% for supplying incorrect or misleading information. Large companies face the higher of the two figures. SMEs and start-ups face the lower.

Why it matters

The fine levels set the size of the risk a buyer takes on. For a start-up the cap is the lower figure, which matters for how exposure is priced.

How to use this in due diligence

  1. 01Identify which obligations apply to the target's AI systems.
  2. 02Estimate exposure from the target's turnover and the relevant cap.
  3. 03Check whether any current practice could fall under the Article 5 prohibitions.
  4. 04Ask for any correspondence with regulators.

Red flags

  • Any feature that could fall under Article 5 prohibitions.
  • Incomplete answers to regulators, which carry their own fine level.

Good signs

  • A documented risk classification per AI system.
  • Legal review of borderline features.

The numbers

  • Article 99: up to €35 million or 7% of worldwide annual turnover for prohibited practices; up to €15 million or 3% for most other obligations; up to €7.5 million or 1% for incorrect, incomplete or misleading information. [1]
  • For SMEs and start-ups, each fine is capped at the lower of the two figures, not the higher. [1]
  • The penalties chapter applies from 2 August 2025. [2]

Sources

  1. EU AI Act, Article 99 (penalties)
  2. EU AI Act, Article 113 (entry into force and application)