EU AI Act
EU AI Act Annex III High-Risk Classification
Determine whether your AI system falls under the 8 high-risk categories of Annex III (Articles 6(1)-(2)) or qualifies for narrow procedural derogations under Article 6(3).
Last updated: 15 March 2026
Do Annex III high risk classification & Article 6(3) derogation need to comply with EU AI Act?
Determine whether your AI system falls under the 8 high-risk categories of Annex III (Articles 6(1)-(2)) or qualifies for narrow procedural derogations under Article 6(3). If yes: Classified as High-Risk AI System (Annex III). If not: Minimal / Low Risk AI System (Outside Annex I…
- Yes path: Classified as High-Risk AI System (Annex III)
- No path: Minimal / Low Risk AI System (Outside Annex III)
- Use the step-by-step decision tree below for your exact situation
EU AI Act · Question 1
Is your AI system intended to be deployed in any of the 8 Annex III domains (biometrics, critical infrastructure, education/vocational, employment/HR, essential public/private services, law enforcement, migration, or justice)?
Annex III covers high-impact societal sectors. Most general B2B developer tools, internal marketing copywriters, and generic search engines are outside these 8 areas.
For informational purposes only. Consult qualified legal counsel before making compliance decisions.
Decision tree questions
Is your AI system intended to be deployed in any of the 8 Annex III domains (biometrics, critical infrastructure, education/vocational, employment/HR, essential public/private services, law enforcement, migration, or justice)?
Annex III covers high-impact societal sectors. Most general B2B developer tools, internal marketing copywriters, and generic search engines are outside these 8 areas.
- Yes: Continue to: Does the system directly evaluate individuals (e.g. CV screening, worker monitoring, student admissions, or credit scoring)?
- No: Minimal / Low Risk AI System (Outside Annex III)
Does the system directly evaluate individuals (e.g. CV screening, worker monitoring, student admissions, or credit scoring)?
Annex III points 3, 4, and 5 specifically target recruitment, employee evaluation, educational access, and creditworthiness.
- Yes: Continue to: Does the system perform ONLY a narrow procedural task or preparatory work without posing significant risk of harm to safety or fundamental rights (Article 6(3))?
- No: Continue to: Is the AI used as a safety component in critical infrastructure (water, gas, electricity, road traffic) or safety-critical machinery?
Does the system perform ONLY a narrow procedural task or preparatory work without posing significant risk of harm to safety or fundamental rights (Article 6(3))?
Article 6(3) provides a narrow exemption if the system only formats data, detects duplicates, or performs narrow preliminary tasks that do not materially influence the final human decision.
- Yes: Exempt under Article 6(3) Procedural Derogation
- No: Classified as High-Risk AI System (Annex III)
Is the AI used as a safety component in critical infrastructure (water, gas, electricity, road traffic) or safety-critical machinery?
Annex III point 2 covers safety components in the management and operation of critical digital and physical infrastructure.
- Yes: Classified as High-Risk AI System (Critical Infrastructure)
- No: Minimal / Low Risk AI System (Outside Annex III)