EU AI Act 2 August 2026: what changes and what you need to do
Art. 113 of Regulation (EU) 2024/1689 makes the EU AI Act fully applicable on 2 August 2026. But what does that date actually mean, what has been deferred by the Digital Omnibus, and what do you as an SME need to arrange now?
- 2 August 2026 is the date on which Art. 113 of Regulation (EU) 2024/1689 makes the EU AI Act fully applicable. National supervisory authorities in all 27 EU Member States gain full enforcement powers.
- Art. 4 (AI literacy) and Art. 5 (prohibited AI practices) have been in force since 2 February 2025. The key change on 2 August is not that new obligations arrive for most SMEs, but that enforcement becomes fully operational.
- Good news from the Digital Omnibus: the stricter Annex III obligations for high-risk AI (recruitment, credit, diagnostics) have been deferred to 2 December 2027. That gives extra time for those using AI in those categories.
- What you need to do now: (1) document which AI tools you use and for which tasks, (2) ensure employees who use AI can demonstrably show AI literacy (Art. 4), (3) set up an AI register if you use high-risk AI.
- Fines under Art. 99 can reach 35 million euros or 7% of worldwide annual turnover for the most severe violations (Art. 5), and up to 15 million euros or 3% for other violations.
Why is 2 August 2026 a key date?
2 August 2026 is the date on which Art. 113 of Regulation (EU) 2024/1689 makes the EU AI Act fully applicable. The Regulation was introduced in four phases: prohibited AI practices (Art. 5) and AI literacy (Art. 4) came into force on 2 February 2025; obligations on general-purpose AI models (GPAI) followed on 2 August 2025; on 2 August 2026 the remainder comes into force, including the full operationalisation of national supervisory authorities. That means supervisory authorities in all 27 EU Member States may from that date carry out inspections, impose fines and enforce compliance for all articles now taking effect. Many businesses assume the deadline is still far off, but for most SMEs the core obligation (Art. 4 AI literacy) is already eighteen months old.
What exactly changes on 2 August 2026
The date brings three developments together: the full entry into force of remaining articles, the full enforcement capacity of national supervisory authorities, and an important exception via the Digital Omnibus that shifts the timeline for high-risk AI.
Development 1: full enforcement of Art. 4 AI literacy
Art. 4 of Regulation (EU) 2024/1689 requires providers and deployers to ensure their employees have adequate AI literacy. This article has been in force since 2 February 2025. The change on 2 August 2026 is that national supervisory authorities now formally enforce it: they may conduct audits, request documentation and impose fines. If a business has done nothing about AI literacy in the past eighteen months, the risk of enforcement action after 2 August is significantly higher. Art. 4 has no proportionality exemption for small businesses, but the expected level of measures is proportionate to the risk and scale of AI use.
Development 2: prohibited AI practices (Art. 5) already fully enforced
Art. 5 of the EU AI Act prohibits a range of AI practices considered unacceptably risky: real-time biometric surveillance in public spaces (with limited exceptions), social scoring by governments, manipulative AI that uses subliminal techniques, and AI that exploits vulnerable groups. Art. 5 has also been in force since 2 February 2025. Fines for Art. 5 violations are the highest in the Regulation: up to 35 million euros or 7% of worldwide annual turnover, whichever is higher (Art. 99(3) of Regulation (EU) 2024/1689). For most SMEs prohibited practices are not a direct concern, but it is essential to know which AI systems are in use across your organisation.
Development 3: Annex III high-risk AI deferred to 2 December 2027
The Digital Omnibus (formally adopted by the EU Council on 29 June 2026; OJ publication expected before August 2026) defers the obligations for high-risk AI systems under Annex III to 2 December 2027. Annex III covers: AI for CV screening and candidate selection (category 4), AI for creditworthiness assessment (category 5), and AI in critical infrastructure (category 2). This deferral gives businesses using AI for recruitment, lending or diagnostics extra time to meet the heavier documentation requirements of Art. 13 and Annex IV. Art. 4 (AI literacy) and Art. 5 (prohibited practices) fall outside this deferral and remain fully in force from 2 August 2026.
What do you need to arrange now?
For most SMEs the obligation after 2 August 2026 comes down to four concrete steps. Step 1: carry out an AI inventory. Record per team or role which AI tools are used and for which tasks. That forms the basis for both the AI register and the AI literacy training. Step 2: ensure demonstrable AI literacy (Art. 4). Every employee who uses AI tools must understand how it works, what its limitations are, and how to act when the AI makes a mistake. Document this per employee in a training record. Step 3: classify whether you use high-risk AI. Are you using AI for recruitment, credit assessment or diagnostics? Then that falls under Annex III and additional obligations apply (now deferred to 2 December 2027, but start preparing early). Step 4: document everything in an AI register. That is the central place supervisory authorities will ask for in an audit.
For more on what Art. 4 concretely requires for your team, read the article on AI literacy training or on how to set up an AI register.
Frequently asked questions about the EU AI Act deadline of 2 August 2026
Is Art. 4 AI literacy already in force or only from 2 August 2026?
What are the fines if we do nothing?
What does the Digital Omnibus change for my business?
Does the EU AI Act also apply to small businesses and freelancers?
How quickly can we comply with the EU AI Act?
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