European UnionAI Act, Article 26(11) (informing individuals subject to an Annex III decision)
Regulation (EU) 2024/1689, Article 26(11)
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What follows is LexLint's own research summary of this law, not legal advice.
An AI risk obligations rule binding public and private bodies.
As of 24 September 2026.
What it requires
- This duty does not yet apply. It takes effect on 2 December 2027 for a high-risk AI system classified under Article 6(2) and Annex III, and on 2 August 2028 for one classified under Article 6(1) and Annex I.
- If you are the deployer of a high-risk AI system listed in Annex III that makes, or assists in making, a decision about a natural person, inform that person that they are subject to the use of the high-risk AI system.
- If the system is used for law enforcement purposes, follow Article 13 of Directive (EU) 2016/680 instead of this duty.
If you get it wrong
Private right of actionNo
Penalty structure
Article 99(4)(e): non-compliance with the obligations of deployers under Article 26 is fined up to EUR 15,000,000 or 3% of worldwide annual turnover, whichever is higher. Article 99(6) requires the lower of the two amounts for an SME, including a start-up; Article 99(6a), inserted by Regulation (EU) 2026/1744, gives the same lower-of treatment to a small mid-cap enterprise, since both apply to paragraph 4 fines.
- Rule
- Lower of for SME
- As of
- 24 September 2026
- Currency
- EUR
- Fixed cap
- 15,000,000
- Turnover percentage cap
- 3
What it reaches
How the hook was established
express
What makes it apply
Operator establishment, Place of effect
Obligation class
Disclosure
What it makes you log
Logging duty
Article 26(11) requires a deployer to inform an affected natural person that a high-risk AI system was used in a decision about them; it names no record of that notification. The affected person's own right to demand an explanation of the decision is Article 86, a separate row.
- Kind
- None
- As of
- 24 September 2026
Who checks it
Audit expectation
none
Also on the record
EEA status
- Status
- Pending
- Source link
- https://www.efta.int/eea-lex/32024r1689
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Without prejudice to the Article 50 transparency duties, a deployer of a high-risk AI system listed in Annex III that makes a decision, or assists in making one, about a natural person must inform that person that they are subject to the use of the high-risk AI system. For a system used for law-enforcement purposes, Article 13 of the Law Enforcement Directive applies instead.
This individual-notification duty reaches the whole Annex III catalogue, including the Annex III point 4 employment use cases and the Annex III point 8(a) administration-of-justice use case.
Article 26 sits in Chapter III, Section 3, so it takes effect on the schedule the Digital Omnibus on AI (Regulation (EU) 2026/1744, in force since 27 July 2026) wrote into Article 113: 2 December 2027 for a system classified as high-risk under Article 6(2) and Annex III, and 2 August 2028 for one classified under Article 6(1) and Annex I.
When LexLint raises it
high_risk_decisions
Read the law
official consolidated Official Journal text, EUR-Lex
Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.