The AI Act in a small business: what actually applies to you in 2026

In short

Most small businesses use AI as deployers, not providers. Then three things matter most: making sure the people who use AI have basic AI literacy, telling people they are talking to a chatbot, and labelling realistic AI-generated content. Separate, much more serious obligations apply to high-risk systems, for example AI that assesses job candidates.

Key points
  • The AI Act (EU Regulation 2024/1689) assigns obligations by risk and role: a system's provider has different ones from a company that uses it.
  • Since February 2025, companies using AI should look after their people's competence in it.
  • Since August 2026 the transparency rules apply: a chatbot has to identify itself, and deepfakes have to be labelled.
  • AI in recruitment or employee assessment is a high-risk system, and its obligations have been moved to 2027 and 2028.

Who you are under the AI Act

Provider

Develops an AI system or places it on the market under its own name. Has the most obligations.

Deployer

Uses an AI system in its professional activity, for example a chatbot on the website or a document analysis tool. That's the case for most small businesses.

Private user

Uses AI for personal, non-professional purposes. The AI Act practically doesn't cover them.

Caution

This is a description of the rules for orientation, not legal advice. For a specific deployment, especially in a high-risk area, consult a lawyer.

Dates worth knowing

FromWhat applies
2 February 2025Prohibited practices (for example manipulation that exploits people's vulnerabilities, social scoring) and the obligation to look after AI literacy
2 August 2025Obligations for providers of general-purpose models and the rules on supervision
2 August 2026Most of the remaining rules, including the transparency obligations of Article 50
2027 to 2028Obligations for high-risk systems, postponed by the Digital Omnibus regulation (EU 2026/1744)

Obligation 1: AI literacy

Article 4 requires companies that use AI to ensure an adequate level of AI literacy among the people who use it. It's not about certificates, but about people knowing what the tool is for, where it gets things wrong and what data must not be typed into it.

Checklist0 of 5

Obligation 2: transparency

  • A chatbot on a website or in a shop must clearly say you are talking to AI, unless that's obvious from the circumstances.
  • Realistic AI-generated images, video and audio that show real people or places and could pass for genuine (deepfakes) must be labelled as generated.
  • AI-generated text published to inform the public on matters of public interest must be labelled, unless it has been edited by a person who takes responsibility for it.
Tip

The simplest practice: next to a chatbot write “AI assistant” and add a way to contact a person. For AI-generated images showing real people, add a visible caption.

Obligation 3: watch out for high-risk areas

Annex III of the AI Act lists areas where AI can seriously affect people's lives. For a small business the most important are: recruitment and selection of candidates, decisions on promotion and dismissal, assessing employees' work and behaviour, and assessing people's creditworthiness.

If you use AI to filter CVs or assess employees, you are using a high-risk system. Then the obligations are serious: human oversight, monitoring of operation, keeping logs and informing the people concerned. The date has been postponed, but it's a good moment to think such uses through.

Terms from this guide

AI Act

The EU Regulation 2024/1689 on artificial intelligence. It assigns obligations by risk level and by role: provider or deployer of AI.

Deepfake

A realistic image, video or recording generated or altered by AI that shows real people or events and could pass for genuine.

Questions and answers

Do I have to report that we use ChatGPT in the company?

There's no general obligation to report the use of AI tools. There are obligations concerning employees' competence, transparency towards people and high-risk systems.

Do AI images on the website have to be labelled?

The obligation covers realistic content that shows real people, places or events and could pass for genuine. Clearly artistic or illustrative images are treated more leniently, but a label builds trust anyway.

What are the penalties?

The regulation provides for fines depending on the type of infringement, the highest for prohibited practices. For small businesses and start-ups the fines are calculated more leniently. Details are in Article 99 of the regulation.

Sources and documentation

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