Regulation (EU) 2024/1689

Article 99: Penalties imposed by member states

Article 99 is the national penalty regime. Prohibited practices under Article 5 carry up to 35 million euro or 7 percent of worldwide turnover. Most other operator obligations carry up to 15 million euro or 3 percent. Supplying incorrect or misleading information to authorities carries up to 7.5 million euro or 1 percent.

Maximum penalty

Three tiers: 35 million euro or 7 percent (prohibited practices), 15 million euro or 3 percent (operator obligations including Article 50), 7.5 million euro or 1 percent (incorrect information to authorities).

Article 99(3), 99(4) and 99(5)

Binds from

2 August 2025

Applicable since 2 August 2025, with the exception of Article 101, which applied from 2 August 2026.

Enforced by

National market surveillance authorities designated under Article 70, under national procedural law.

Plain reading

What Article 99 actually requires

Three tiers, all expressed as the higher of a fixed amount and a percentage of worldwide annual turnover for the preceding financial year. Article 99(3) covers non compliance with the Article 5 prohibitions at 35 million euro or 7 percent. Article 99(4) covers non compliance with the obligations on providers, authorised representatives, importers, distributors, deployers, notified bodies and the Article 50 transparency duties, at 15 million euro or 3 percent. Article 99(5) covers the supply of incorrect, incomplete or misleading information to notified bodies or national competent authorities, at 7.5 million euro or 1 percent. Article 99(6) inverts the rule for small and medium enterprises, including start ups, so the lower of the two figures applies, and the Digital Omnibus added Article 99(6a) extending that proportionality to small mid caps for the second and third tiers. The Omnibus also amended Article 99(1) to state expressly that penalties may include warnings and non monetary measures.

Article 99 has been applicable since 2 August 2025. The absence of fines is not the absence of powers. It is the absence of designated authorities in many member states, and of completed investigations everywhere.

Member states set the rules on penalties in national law and notify them to the Commission. That means the same infringement can attract different procedures and different practical exposure depending on where the operator is established, which is the fragmentation the Act was meant to avoid and did not.

The one number to get right: 35 million euro or 7 percent is the Article 5 prohibited practices tier, enforced nationally. It is not the exposure of a general purpose model provider to the Commission, which is Article 101 at 15 million euro or 3 percent. This is the most commonly repeated error in reporting about the Act.

No fine has been imposed under Article 99 by any member state as of the last verification date on this tracker.

The official text, consolidated with the Digital Omnibus applied, with everything that cites it and everything it cites: Article 99 in the EU AI Act Explorer.

Enforcement

Actions citing Article 99

No tracked enforcement action expressly cites this article. The list below is the conduct that falls inside it, enforced so far under the GDPR or the Digital Services Act instead.

No enforcement action on this tracker touches Article 99 yet. That is the accurate answer as of 20 August 2026, and it is checked every Monday. When the first one lands it appears here the same day.

Answers

Questions about Article 99

What are the fines under the EU AI Act?

Three national tiers under Article 99: up to 35 million euro or 7 percent of worldwide turnover for prohibited practices under Article 5, up to 15 million euro or 3 percent for other operator obligations including the Article 50 transparency duties, and up to 7.5 million euro or 1 percent for supplying incorrect or misleading information to authorities. Providers of general purpose AI models face a separate Commission tier under Article 101 at 15 million euro or 3 percent.

Do the 7 percent fines apply to AI model providers?

No. The 35 million euro or 7 percent ceiling is the Article 99(3) tier for prohibited practices under Article 5, enforced by national authorities. A provider of a general purpose AI model faces the Commission under Article 101, which is capped at 15 million euro or 3 percent of worldwide turnover.

Are there lower AI Act fines for small companies?

Yes. Article 99(6) provides that for small and medium enterprises, including start ups, each fine is capped at the lower of the percentage and the fixed amount rather than the higher. The Digital Omnibus added Article 99(6a) extending comparable proportionality to small mid caps for the second and third tiers.

The rest of the Act

Other enforceable provisions

Cite this page

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In a sentence: According to the GAGE EU AI Act Enforcement Tracker (as of 20 August 2026), eu ai act article 99: penalties imposed by member states.
APA: GAGE (Global Academy of Generative-AI Education). (2026). EU AI Act Article 99: Penalties imposed by member states. EU AI Act Enforcement Tracker. Retrieved 20 August 2026, from https://www.gage.academy/tools/eu-ai-act-enforcement-tracker/provisions/article-99
MLA: "EU AI Act Article 99: Penalties imposed by member states." EU AI Act Enforcement Tracker, GAGE (Global Academy of Generative-AI Education), 20 August 2026, https://www.gage.academy/tools/eu-ai-act-enforcement-tracker/provisions/article-99.
Chicago: GAGE (Global Academy of Generative-AI Education). "EU AI Act Article 99: Penalties imposed by member states." EU AI Act Enforcement Tracker. Last modified 20 August 2026. https://www.gage.academy/tools/eu-ai-act-enforcement-tracker/provisions/article-99.
Permalink: https://www.gage.academy/tools/eu-ai-act-enforcement-tracker/provisions/article-99

Last updated 20 August 2026. Every record re verified 20 August 2026. The tracker is checked every Monday, and the same day for any action under the AI Act.