Article 99 establishes a three-tier fine structure proportionate to the severity of the violation. Fines are calculated as the higher of an absolute ceiling (in euros) or a percentage of global annual turnover.
| Violation Category | Maximum Fine |
|---|---|
| Article 5 prohibited practices | 35M EUR or 7% of global annual turnover |
| Other regulation obligations (Articles 9-16, 26, etc.) | 15M EUR or 3% of global annual turnover |
| Incorrect/incomplete/misleading information to authorities | 7.5M EUR or 1.5% of global annual turnover |
| SME/start-up cap | Lower of the above or 1.5% of annual global turnover |
Regulation (EU) 2024/1689 — Article 99(3)
“Non-compliance with the prohibition of the artificial intelligence practices referred to in Article 5 shall be subject to administrative fines of up to EUR 35 000 000 or, if the offender is an undertaking, up to 7 % of its total worldwide annual turnover for the preceding financial year, whichever is higher.”