Article 2 of the EU AI Act defines the personal, material, and territorial scope of the regulation. Understanding scope is essential because it determines whether an organisation's activities and AI systems fall within the regulatory framework and which specific obligations apply.
Who Is Subject to the Regulation?
Article 2(1) applies the regulation to four categories of person: providers placing AI systems on the EU market; deployers of AI systems established or located in the EU; providers and deployers located in third countries where the AI system's output is used in the EU; and importers and distributors of AI systems. This broad territorial reach means that a company headquartered in the United States, Japan, or Singapore that serves EU users or customers may be subject to the regulation.
Exclusions from Scope
Article 2(3) excludes AI systems developed or used exclusively for military, national security, or defence purposes. Article 2(6) excludes AI systems used solely for scientific research and development. Article 2(10) excludes activities by private individuals using AI for purely personal non-professional purposes. Member State competent authorities acting in national security contexts are also excluded under Article 2(3).
Regulation (EU) 2024/1689 — Article 2(1)
“This Regulation applies to: (a) providers placing on the market or putting into service AI systems or placing on the market general-purpose AI models in the Union, irrespective of whether those providers are established or located within the Union or in a third country.”
| Category | Scope Under Article 2 |
|---|---|
| EU provider | In scope -- full obligations apply |
| Non-EU provider with EU market output | In scope -- Article 2(1)(c) |
| EU deployer | In scope -- deployer obligations apply |
| Military use only | Out of scope -- Article 2(3) |
| Private personal use | Out of scope -- Article 2(10) |
| Pure scientific research | Out of scope -- Article 2(6) |
- Territorial scope extends to non-EU providers whose AI outputs are used in the EU
- Importers and distributors have lighter obligations than providers
- The military and national security exclusion is broad and unconditional
- Open-source GPAI models may have reduced obligations under Article 53(2)