Decreto Legislativo 179/2026 Arts. 4 to 6 and 21 to 23, National AI Act Authorities and Administrative Fines
D.Lgs. 7 ottobre 2026, n. 179, artt. 4-6 e 21-23
An AI governance rule binding public and private bodies.
As of .
What it requires
- Do not engage in a practice that Article 5 of the EU AI Act prohibits.
- Comply with the obligations in Articles 16, 22 to 26, 31, 33, 34, 50, 73 and 80 of the EU AI Act that Article 23 of the decree backs with a fine.
- Give accurate and complete information to notified bodies and national competent authorities when they ask for it.
If you get it wrong
Penalty structure
Top tier, Article 23(1), for non-compliance with the Article 5 prohibition. Article 23(2) sets EUR 15,000,000 or 3 percent, Article 23(3) EUR 7,500,000 or 1 percent and Article 23(4) EUR 1,000,000 or 0.5 percent, in each case whichever is higher.
- Rule
- Higher of
- As of
- Currency
- EUR
- Fixed cap
- 35,000,000
- Turnover percentage cap
- 7
Who enforces it
Enforcement body
The Agenzia per l'Italia digitale (AgID) as notifying authority, and the Agenzia per la cybersicurezza nazionale (ACN), the Bank of Italy, CONSOB, IVASS and the Garante per la protezione dei dati personali as market surveillance authorities within their competences.
What this law does
The Agenzia per l'Italia digitale (AgID) is the national notifying authority, responsible for preparing and carrying out the procedures to assess, designate, notify and monitor conformity assessment bodies. The Agenzia per la cybersicurezza nazionale (ACN) is the national market surveillance authority for AI systems under Article 70 of the EU AI Act.
The Bank of Italy, CONSOB and IVASS are the competent authorities for high-risk AI systems used in banking and credit, financial intermediation and insurance respectively. The ACN acts as the single point of contact under Article 70 of the EU AI Act. Non-compliance with the prohibition of the practices in Article 5 of the EU AI Act is subject to an administrative fine of up to EUR 35,000,000 or, if higher, up to 7 percent of total worldwide annual turnover of the preceding year.
Failure to comply with the obligations in Articles 16, 22 to 26, 31, 33 (paragraphs 1, 3 and 4), 34, 50, 73 and 80 of the EU AI Act is subject to a fine of up to EUR 15,000,000 or, if higher, up to 3 percent of total worldwide annual turnover of the preceding year.
Giving incorrect, incomplete or misleading information to notified bodies or national competent authorities in response to a request is subject to a fine of up to EUR 7,500,000 or, if higher, up to 1 percent of total worldwide annual turnover of the preceding year. Failure to comply with the obligations in Articles 27 and 86 of the EU AI Act is subject to a fine of up to EUR 1,000,000 or, if higher, up to 0.5 percent of total worldwide annual turnover of the preceding year.
For infringements of low offensiveness or danger, the authorities may, as an alternative to the fine, order the infringement to be eliminated and not repeated. The decree was published in Gazzetta Ufficiale issue 234 of and enters into force on .
When LexLint raises it
When your app profile says your app crawls the web, deploys a chatbot, generates content with AI, makes high-risk automated decisions or processes biometric data.