EU AI Act 罚款：3500 万欧元或 7% 的完整拆解

This article was drafted with AI assistance and reviewed for factual accuracy. AI-origin labeling applies under Article 50 of the EU AI Act. What Are the EU AI Act Penalty Structures? The EU AI Act establishes a tiered penalty system with maximum fines ranging from 7.5 million EUR to 35 million EUR depending on the violation category and the offending party’s annual turnover (European Commission, 2024). The three operator tiers under Article 99 are 35 million EUR or 7% for prohibited practices, 15 million EUR or 3% for high-risk and transparency obligations, and 7.5 million EUR or 1% for supplying incorrect or misleading information to authorities. For companies, the higher of the fixed amount or a percentage of global annual turnover applies. These penalties rank among the highest in EU digital regulation, comparable to GDPR fine levels. The European AI Office begins enforcement on August 2, 2026, and has indicated it will pursue a graduated approach — starting with information requests and corrective action orders before escalating to financial penalties. However, intentional non-compliance or failure to cooperate may trigger direct penalty proceedings (European Commission, 2024). Penalty Tiers and Maximum Amounts The following penalty tiers are established under Article 99 of the EU AI Act: Non-compliance with prohibited practices (Article 5): €35M fixed or 7% of global annual turnover — applies to any organization. Non-compliance with high-risk system obligations: €15M fixed or 3% of global annual turnover — applies to providers and deployers. Non-compliance with transparency obligations (Article 50): €15M fixed or 3% of global annual turnover — applies to providers and deployers. Failure to fulfill operator obligations (Articles 16, 22–26, 31, 33–34; includes cooperation and corrective-action duties): €15M fixed or 3% of global annual turnover — applies to providers, deployers, and other operators. Supplying incorrect, incomplete or misleading information to authorities (Article 99(5)): €7.5M fixed or 1% of global annual turnover — applies to any organization. How Fines Are Calculated The AI Office follows a structured methodology for determining penalty amounts within each tier: Base amount determination The starting point is determined by the severity of the violation and the applicable tier maximum. The final amount is set based on the circumstances of the case — including the aggravating and mitigating factors below — with larger organizations generally facing higher absolute penalties (European Commission, 2024). Aggravating factors The following factors may increase the penalty above the base (European Commission, 2024): Repeat violations within the previous 5 years Intentional or reckless non-compliance Failure to cooperate with the AI Office during investigation Non-compliance that results in actual harm to individuals Concealment or destruction of relevant evidence Mitigating factors The following factors may reduce the penalty below the base (European Commission, 2024): Voluntary disclosure of non-compliance before enforcement action begins Prompt corrective action within 30 days of notification Effective cooperation with AI Office investigation First-time violation with no prior enforcement history Implementation of compliance measures exceeding minimum requirements Comparison with Other EU Digital Regulation Penalties The AI Act's penalty framework sits alongside other EU digital regulations: EU AI Act: €35M fixed or 7% — effective since August 2026 (GPAI). GDPR: €20M fixed or 4% — effective since May 2018. Digital Services Act: 6% of global turnover — effective since February 2024. Digital Markets Act: 10% of global turnover — effective since March 2024. Data Act: set by Member States (Art. 40) — effective since September 2025 The EU AI Act's penalty ceiling of 35 million EUR or 7% of turnover places it above GDPR in both absolute and relative terms. Enforcement Priorities for 2026-2027 The AI Office has communicated its enforcement priorities: Q3-Q4 2026 (GPAI enforcement) Priority 1: GPAI models with systemic risk (>10^25 FLOPs). Priority 2: GPAI providers that have not engaged with AI Office information requests. Q1-Q2 2027 (Transition period) Focus shifts to: prohibited practices investigations, high-risk system classification guidance, and preparatory enforcement actions for the December 2027 high-risk deadline. Q3-Q4 2027 (Full enforcement) High-risk AI system obligations become enforceable. The first phase of enforcement is expected to prioritize systems in critical infrastructure, law enforcement, and employment domains. ** Frequently Asked Questions** Which turnover figure is used for penalty calculation? Global annual turnover of the preceding financial year. For corporate groups, the turnover of the ultimate parent company is used if the parent exercises control over the subsidiary's AI activities (European Commission, 2024). Can multiple penalties be imposed for the same incident? The AI Act prohibits double jeopardy — an organization cannot be penalized twice for the same violation. However, separate violations arising from the same incident (e.g., both transparency non-compliance and failure to cooperate) can each carry independent penalties (European Commission, 2024). Do fines apply to non-EU companies? Yes. The EU AI Act applies extraterritorially. Non-EU providers whose AI system outputs are used in the EU are subject to the same penalty framework (European Commission, 2024). The AI Office coordinates with national supervisory authorities and third-country regulators, with mechanisms for cross-border enforcement established under the Act. What is the appeals process for AI Act fines? Organizations may appeal penalty decisions to the European AI Board, with further appeal available to the Court of Justice of the European Union (European Commission, 2024). The AI Board has established procedures for handling appeals as part of its implementing acts. Sources European Commission. (2024). Regulation (EU) 2024/1689 of the European Parliament and of the Council. Official Journal of the European Union. https://eur-lex.europa.eu/eli/reg/2024/1689