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EU AI Act Enforcement: Who Investigates and What Evidence to Keep

The AI Office, national authorities, and EDPS divide EU AI Act enforcement by system and provider; teams should keep scoped governance and runtime evidence.

April 13, 2026(last updated: August 25, 2026)14 min readAuthor: Connic Research Team

Since August 2, 2026, the AI Office covers general-purpose AI (GPAI) model providers and specified AI systems, national competent authorities cover other AI systems, and the EDPS covers AI systems used by EU institutions. Teams should keep scoped assessments, controls, incidents, disclosures, and runtime evidence ready for the authority responsible for their system. Check when AI Act enforcement starts for the official timeline.

Updated August 25: the Commission Maps AI Act Enforcement
Review the Commission enforcement framework, last updated on August 24, 2026. It separates AI Office, national competent authority, and European Data Protection Supervisor jurisdiction and explains the AI Office’s investigative and sanctioning powers. The page is an informational, non-binding overview. It does not announce that enforcement cases have begun.

Who Investigates What Under the AI Act?

See how the Commission routes enforcement. Jurisdiction depends on the model, system, provider, and deployment context. The framework identifies three authority categories:

AI Office

Enforces rules for GPAI model providers; AI systems developed by the provider, or a provider in the same business group, of the underlying GPAI model; and AI systems integrated into DSA-designated very large online platforms (VLOPs) or very large online search engines (VLOSEs).

National competent authorities

Member State authorities enforce the rules for other AI systems. The Commission page does not identify every national authority or set out each authority’s powers.

EDPS

The European Data Protection Supervisor enforces the rules for AI systems used by EU institutions. The framework does not set out an equivalent EDPS powers map.

Record the system’s intended purpose, the model provider, your provider or deployer role, whether the system is integrated into a designated VLOP or VLOSE, and whether it is used by an EU institution. Those facts are more useful for routing an inquiry than the generic label “AI agent.”

What the AI Office and Commission Can Do

The detailed powers in the Commission’s overview apply specifically to the AI Office and Commission. The page does not say that national competent authorities or the EDPS have the same toolkit.

Access and evaluate GPAI models
The AI Office, or independent experts it appoints, can require GPAI model providers to grant model access for evaluations. It can also request corrective measures, including restricting a model’s public availability when necessary.
Interview and inspect
For AI systems, the AI Office can interview people who may hold relevant information and consent to an interview, and it can inspect providers’ premises.
Request information
For GPAI models and AI systems, the AI Office can send simple information requests or the Commission can issue a formal request by decision. Incorrect or misleading replies to simple requests can attract fines; formal requests can also be penalized when the provider does not answer or responds incompletely.
Impose penalties by Commission decision
If the AI Office establishes an intentional or negligent breach, the Commission may impose a penalty. The nature, gravity, and duration of the infringement determine the amount; the listed maxima are ceilings, not automatic outcomes.

Three Complaint and Reporting Channels

AI Act Complaint Tool
Natural and legal persons can submit complaints about alleged infringements involving AI systems within the AI Office’s exclusive competence. Submit an AI Act complaint.
AI Act Whistleblower Tool
People professionally connected to relevant AI-system or GPAI-model providers can submit a secure report, anonymously if they choose. Submit an AI Act whistleblower report.
Downstream GPAI Provider Channel
A downstream provider whose AI system integrates another provider’s GPAI model can complain about alleged infringements of Articles 53–55. Use the downstream-provider complaint channel.
The Commission says its framework is informational and non-binding and does not replace or affect the AI Act. The existence of these tools does not show that complaints, investigations, or enforcement cases have begun.

Read Article 2 of the EU Artificial Intelligence Act. The Act covers providers placing AI systems on the EU market or putting them into service regardless of location, EU-based deployers, and third-country providers or deployers where the system’s output is used in the Union.

The application date is one part of readiness. Teams also need to know which authority may ask questions and whether they can produce an accurate, scoped record of assessments, controls, incidents, disclosures, and system operation.

If you’re choosing an AI agent platform today, include governance records and evidence workflows in the selection criteria. If you’re still shortlisting, compare the best AI agent platforms for EU enterprises in 2026.

What the EU AI Act Requires

The Act uses a risk-based framework. A practical review separates prohibited practices, high-risk systems, uses with specific transparency duties, and uses with fewer system-specific duties.

Prohibited practices
Article 5 prohibits specified harmful manipulation and social-scoring practices, workplace and education emotion recognition subject to exceptions, and real-time remote biometric identification in publicly accessible spaces for law enforcement subject to narrow exceptions. Most Article 5 prohibitions have applied since February 2025.
High-risk systems
Specified Article 6 and Annex III uses can be high-risk, including certain systems used in critical infrastructure, education, employment, essential services, migration, and law enforcement. Not every system in those sectors qualifies. Requirements and dates depend on the classification route and the operator’s role.
Specified transparency duties
Article 50 covers specified interactive and generative AI uses. People generally need to be informed when they are interacting with AI unless that is obvious, while synthetic content and deepfakes carry separate marking or disclosure rules. Applicable since August 2, 2026.
Uses with fewer system-specific duties
The Act generally adds fewer system-specific duties for uses outside Article 5, high-risk classification, and Article 50. Cross-cutting duties such as AI literacy and other applicable law can still apply, and providers may adopt voluntary codes of conduct.

Classification follows Article 6 and the system’s intended purpose, not the word “agent.” A customer-facing assistant may trigger Article 50 disclosure, while an agent used for a specified Annex III purpose may be high-risk. The operator’s role determines which duties apply. Connic can help organize operational controls and scoped runtime evidence.

Map one agent to EU AI Act controls

Bring the use case and the obligations your team is worried about. We can map it to Connic traces, approval gates, audit logs, human oversight, and deployer documentation.

Discuss compliance requirements

EU AI Act Application and Enforcement Timeline

The EU AI Act uses a phased rollout. Some provisions now apply and are enforceable; others are still ahead:

February 2025
Prohibitions on unacceptable-risk AI practices and AI literacy obligations became applicable.
August 2025
Governance rules and general-purpose AI model obligations became applicable.
July 2026
The AI Omnibus entered into force on July 27 and amended the application schedule, moving the high-risk obligations to the dates below.
August 2026
Some AI Office and national competent authority powers began applying. Prohibited practices, Article 50 transparency requirements, and GPAI rules became enforceable.
December 2026
New prohibitions concerning non-consensual intimate material and child sexual abuse material apply. The Article 50(2) transition for systems placed on the market before August 2, 2026 also ends.
December 2027
High-risk systems classified under Article 6(2) and Annex III must comply.
August 2028
High-risk systems classified under Article 6(1) and Annex I must comply.

Specified transparency duties are now enforceable. Check the Service Desk enforcement timeline before deploying an agent. High-risk deployer duties moved to December 2027 and August 2028 under the AI Omnibus, but the logging and oversight infrastructure that may support those duties takes time to establish.

What the AI Omnibus Changed

Review the Commission’s AI Omnibus summary. Regulation (EU) 2026/1744 amended the AI Act’s schedule and several substantive provisions, including parts of the high-risk framework.

Changed: high-risk timing
The application dates for high-risk obligations moved to December 2, 2027 for systems classified under Article 6(2) and Annex III, and August 2, 2028 for systems classified under Article 6(1) and Annex I. The amendment also changed parts of the underlying high-risk provisions, so teams should recheck their obligation maps.
Changed: literacy and registration
Article 4 now asks providers and deployers to take measures supporting AI literacy rather than to guarantee a sufficient level per individual, and the Annex VIII information required at registration is simplified.
Unchanged: Article 50
Article 50 transparency duties apply from August 2, 2026. Providers of AI systems placed on the market before that date have until December 2, 2026 to comply with the marking and detection obligation under Article 50(2).
Changed: prohibited practices
New prohibitions concerning non-consensual intimate material and child sexual abuse material apply from December 2, 2026. Existing teams should review Article 5 rather than rely on the original 2024 list.

The Omnibus did not create a general delay. If your agent talks to people or generates content, assess the Article 50 duties that already apply. Read our Article 50 guidelines walkthrough for a detailed explanation of the five disclosure triggers.

How AI Act Duties Map to AI Agents

The EU AI Act applies to AI agents that meet its definition and scope. An organization using an agent under its authority can be a deployer; one that develops an agent, or has it developed, and places it on the market under its own name can be a provider. Some teams can hold both roles.

For teams operating high-risk systems, the following control areas recur in practice:

Human Oversight
For high-risk systems, oversight measures must be effective and commensurate with the system’s risks, autonomy, and context. Depending on the system, the measures may let people monitor, interpret, override, reverse, or interrupt its operation.
Transparency
For covered Article 50 uses, people may need to be informed that they are interacting with AI, while specified synthetic content and deepfakes carry marking or disclosure duties. Separate documentation duties apply to certain high-risk systems.
Record-Keeping
Applicable high-risk duties require automatic logs and record retention according to the system and operator role. Operational telemetry can support reconstruction and audit without making every platform field a universal legal requirement.
Risk Management
For high-risk systems, Article 9 requires a continuous, iterative risk-management process throughout the lifecycle. Teams identify, evaluate, and mitigate relevant risks and test whether the measures work.
Data Governance
For high-risk systems that use training, validation, or testing datasets, Article 10 sets data-governance requirements. GDPR and other data law may also apply to the data an agent processes.
Security & Robustness
Article 15 requires high-risk systems to achieve appropriate levels of accuracy, robustness, and cybersecurity. The measures should address relevant attacks and faults.

These controls need connected records. The platform should tie governance decisions to the systems and runtime evidence they cover.

How Connic Supports Evidence Readiness

Connic’s Enterprise AI Governance feature organizes records around a project-scoped AI system. Teams can document the intended purpose, owner, geographies, affected people, linked environments, deployments, and agents; keep immutable, versioned preliminary assessments; map operational controls; track transparency evidence and incidents; and export scoped evidence snapshots.

The end-to-end workflow covers provider and deployer roles. Authorised representative, distributor, importer, and product manufacturer roles remain in the assessment but block approval, control generation or refresh, and export until the coverage is resolved.

Connic does not determine jurisdiction, make a final legal classification, calculate reporting deadlines, judge whether evidence will satisfy an authority, or certify compliance. Those decisions remain with your organization and counsel. Read the AI Governance documentation or review the governance feature overview.

A response-supporting governance record
A snapshot can bundle system records, the latest assessments, controls, transparency policies and applications, monitoring plans, incidents, and scoped run, approval, and judge telemetry. It is immutable and metadata-only: raw prompts and model outputs are deliberately excluded, and its hashes do not certify legal sufficiency or publisher authenticity.

Human Oversight: Conditional Approval Gates

Article 14 of the EU AI Act requires high-risk AI systems to be designed for effective human oversight. Article 26 requires deployers to assign oversight to people with the necessary competence, training, authority, and support. Depending on the system and risk, oversight can include monitoring, interpreting outputs, overriding or reversing a result, or interrupting operation. Pre-execution approval is one implementation pattern for sensitive actions, not a universal requirement.

Review how conditional approvals work. Connic pauses execution when an agent reaches a sensitive action (deleting records, processing a refund, sending an external email). A human reviewer sees the review context: the agent and run, which tool is being called, and with what parameters. Approval resumes the agent; rejection follows the configured failure or continuation path.

Agent runs autonomouslyApproval-gated tool call → execution pausesHuman reviews action + parameters
Approved → executesorRejected → follows configured policy

Actions without a configured gate continue without approval. Each decision records the timestamp, reviewer, tool, parameters, and any optional reason the reviewer supplied. That record can support an Article 26 evidence review where the duty applies.

Connic Approvals page listing agent tool calls with Approved or Rejected status, the reviewer who resolved each decision, and timestamps
The Approvals log records each gated tool call, the decision, reviewer, resolution time, and any reason supplied.

Transparency: Detailed Recorded Visibility

Article 50 requires disclosure for specified interactive uses and marking or disclosure for specified synthetic content. Separate high-risk duties require information, logging, and oversight. Connic’s role is to give operators visibility into what the agent actually did so they can investigate behavior and produce evidence.

Review Connic’s agent observability for the recorded data available about agent operations:

Recorded Run Context
Every agent run produces a hierarchical trace showing the execution path: from the initial prompt through each LLM call, tool invocation, and guardrail evaluation to the final output. You can see what the agent did at each step.
Recorded Monitoring Data
Dashboards show recorded run counts, success and failure rates, tool-call counts, token usage, and token cost. Run views show each execution’s status and duration.
Agent Documentation
Agent configurations record model selection, system prompts, tool access, and guardrail rules. In Git-connected projects, change history remains in the repository; CLI-only deployments do not create Git history by themselves.
Connic run detail showing the input and output of a single agent run alongside a hierarchical trace of Run, LLM Agent, and Tool Call spans with durations and statuses
A run reconstructed from retained telemetry: the trigger, recorded input and output, and nested Run → LLM call → tool call trace with timing and status.

Record-Keeping: Scoped Operational Evidence

Articles 12, 19, and 26 set logging, retention, and monitoring duties for high-risk systems and the operators covered by those provisions. If an authority asks what an agent did on a specific date with a specific input, the response needs an accurate, scoped operating record.

Connic records the following operational fields. Which fields are legally relevant depends on the system, your role, the request, and the applicable obligation:

Recorded run context
Trigger source, input data, model used, tool calls, outputs produced, duration, token usage, and final status.
Guardrail evaluations
Every guardrail check recorded as a trace span with rule type, mode, pass/fail result, and detection details.
Approval decisions
Who reviewed what, when they decided, and what reasoning they provided.
Audit events
Project, deployment, connector, judge, run, and approval activity recorded by the audit log.
Version history
Commit history available for Git-backed automatic deployments.

These runtime records can be attached to a governance workflow and used in investigations or compliance reviews. AI Governance exports are metadata-only and intentionally exclude raw prompts and model outputs, so teams should identify any additional records they need to retain outside the export.

Risk Management: Guardrails That Apply Runtime Checks

Articles 9 and 15 set risk-management, robustness, and cybersecurity duties for high-risk systems. Relevant agent risks include prompt injection, personally identifiable information (PII) leakage, system prompt extraction, off-topic responses, and data exfiltration. Review the OWASP Top 10 for Agentic Applications 2026, which also covers goal hijacking, tool misuse, identity and privilege abuse, memory poisoning, and cascading failures.

Review how Connic applies guardrails. Configured rules evaluate input and output paths for threats such as these:

Prompt Injection
Checks for instruction override attempts, encoding attacks, character manipulation, and structural injection. The configured mode determines whether a detection blocks or only records the event.
PII Protection
Checks inputs and outputs for emails, phone numbers, credit cards, and other personal data. A configured PII rule can block, redact, or warn.
System Prompt Leakage
Checks responses for fragments of the system prompt. In block mode, a detected response is blocked and replaced; warn mode records the event and continues.
Content Moderation
Checks agent outputs for configured content categories. Topic restrictions can also detect responses outside an agent’s designated purpose.

Guardrails support block and warn modes; configured PII rules also support redact. You can also write custom guardrails in Python for domain-specific compliance rules: financial disclaimers, regulatory language requirements, internal terminology policies.

Every guardrail evaluation is recorded as a trace span, so you can show which control ran, its result, and how the runtime responded. That record can support control testing and review without proving that the control is legally sufficient.

Continuous Evaluation: Record Regression Signals

Applicable monitoring duties continue after deployment. Agent behavior can change with model updates, prompt modifications, or shifts in user input. Automated evaluation can provide one source of ongoing evidence.

Configure LLM judges to score matching runs at the configured sample rate against custom criteria you define. Accuracy, helpfulness, safety, compliance with your policies: each evaluated run gets a structured result, and score changes surface in the dashboard. You can also run A/B tests for prompt changes and compare results before a wider rollout.

Connic LLM judge statistics with per-criterion averages for quality and groundedness
An LLM judge dashboard showing results for the quality and groundedness criteria configured by the team.

Run-level evaluation can support an Article 9 risk-management process by surfacing regressions between formal reviews. It does not replace the broader legal and operational risk-management program.

Data Governance: Scope and Residency Controls

Article 10 sets data-governance requirements for training, validation, and testing datasets used by high-risk systems. GDPR and other data law can separately apply to data an agent processes. Connic provides the following controls and deployment choices:

  • No Connic training on customer data. Connic does not use Customer Data to train models. BYOK provider handling follows the provider terms selected by the customer.
  • Access configuration. Tool configuration and environment variables limit which sources an agent can access. The customer determines that scope.
  • Data residency. connic/* inference stays in the EU. End-to-end project residency also depends on the selected deployment region and every customer-configured provider, tool, judge, guardrail, and destination.
  • Encryption everywhere. All data encrypted in transit (TLS 1.2+) and at rest (AES-256). Secrets are injected at runtime, never stored in code or logs.
  • Model choice. You can select an EU-hosted connic/* model or configure a BYOK provider with your own credentials. Read Articles 51–56 of Regulation (EU) 2024/1689 for GPAI-model-provider obligations. System-level provider and deployer duties still depend on the customer’s role and use case.

Security and Robustness: Infrastructure-Level Protection

Article 15 requires high-risk systems to achieve appropriate levels of accuracy, robustness, and cybersecurity. Platform and runtime controls can support that work, but their legal sufficiency depends on the system and its risks.

Container isolation
Each customer’s agents run in isolated containers with strict resource limits.
Ephemeral execution
Agent environments are destroyed after use to reduce data persistence.
Secure networking
Use Connic Bridge to connect agents to private infrastructure without opening inbound ports.
Infrastructure certifications
Connic’s cloud providers maintain SOC 2 Type II, ISO 27001, and PCI DSS certifications.

For comprehensive details, review the Security page and read the EU AI Act compliance page.

AI Act Penalty Ceilings

The EU AI Act is binding law. Read Articles 99 and 101 of Regulation (EU) 2024/1689 for the statutory penalty tiers:

Prohibited practices (Article 5 violations)
Up to €35 million or 7% of total worldwide annual turnover, whichever is higher.
Other breaches, including GPAI obligations
Up to €15 million or 3% of total worldwide annual turnover, whichever is higher.
AI-system information failures
Up to €7.5 million or 1% of total worldwide annual turnover, whichever is higher.

Article 99 applies turnover-based ceilings to undertakings and includes lower maximums for SMEs, so the exact cap depends on the organization and violation. The figures above are the Act’s top penalty tiers, not the automatic fine for every case.

The €7.5 million or 1% ceiling above is the AI-system information-failure tier. The Commission’s overview treats GPAI-model information failures under different maxima, so teams should not apply the AI-system ceiling to GPAI requests by default.

The new complaint and reporting channels make evidence quality part of incident response. A complete, scoped record helps a team investigate an allegation, brief counsel, correct a problem, and prepare an accurate response if an authority asks.

Keep Governance and Runtime Evidence Connected

Teams can assemble human-oversight workflows, audit logging, guardrails, evaluation pipelines, and governance records across separate tools. When those records are disconnected, reconstructing the scope and relationships between a system, assessment, control, incident, and runtime evidence requires manual work.

Connic connects those records to the environments, deployments, and agents they cover. Approvals, run traces, guardrail results recorded within those traces, judges, incidents, and evidence snapshots can then support one review workflow instead of a manual reconstruction across disconnected data.

Evidence does not certify compliance
Connic provides governance records and technical evidence infrastructure. Your team and counsel still determine scope, classification, obligations, deadlines, and whether the resulting evidence is sufficient. A documented record supports compliance work; it does not prove compliance.

Evidence-Readiness Checklist

If you’re running AI agents or planning to deploy them, build a response pack before an information request, complaint, or incident arrives:

  • 1.Record the jurisdiction facts. For each system, document the intended purpose, model provider, operator roles, relevant geographies, VLOP or VLOSE integration, and use by any EU institution.
  • 2.Keep a versioned assessment. Preserve the role and risk analysis, rationale, source version, reviewer, unresolved uncertainty, and the obligations mapped from the latest approved preliminary assessment.
  • 3.Link controls to evidence. Track the accountable owner, implementation and evidence status, exceptions, approvals, traces, guardrail results, evaluations, and customer-managed Article 50 documentation.
  • 4.Maintain the incident trail. Record monitoring ownership, signals, review dates, awareness time, corrective actions, reportability decisions, and any authority-notification evidence.
  • 5.Rehearse the response. Name an owner for information requests, test the export path, identify records outside metadata-only snapshots, and have counsel check accuracy, completeness, scope, and privilege.

Keep the evidence record current. Before responding to an authority, have qualified counsel check the official text, the system’s classification, and the response scope.

Frequently Asked Questions

It can. The Act covers providers placing AI systems on the EU market or putting them into service regardless of location, EU-based deployers, and third-country providers or deployers where an AI system’s output is used in the EU. Read Article 2 of the consolidated AI Act and assess the facts rather than relying only on the company’s headquarters.

The Commission's enforcement map assigns GPAI providers, AI systems developed by the same provider or business group as the underlying GPAI model, and AI systems integrated into designated VLOPs or VLOSEs to the AI Office. National competent authorities cover other AI systems, while the EDPS covers AI systems used by EU institutions.

Since August 2, 2026, some AI Office and Member State enforcement powers apply. Prohibited AI practices, transparency requirements for certain AI systems, and general-purpose AI model rules are enforceable. Other powers start when the relevant provisions apply, including Article 6(2) and Annex III high-risk rules on December 2, 2027 and Article 6(1) and Annex I high-risk rules on August 2, 2028. Check the official enforcement timeline.

No. Regulation (EU) 2026/1744 deferred the high-risk application dates to December 2, 2027 and August 2, 2028, but Article 50 transparency duties apply from August 2, 2026. Providers of systems placed on the market before that date have until December 2, 2026 to comply with Article 50(2). Read the AI Omnibus regulation.

For GPAI models and AI systems, the AI Office can request information to verify compliance. Incorrect or misleading replies to a simple request may be fined. A formal request issued by Commission decision may also be penalized when the provider does not answer or responds incompletely. For GPAI models, the AI Office can also require model access for evaluations.

The top tiers are up to €35 million or 7% of worldwide annual turnover for prohibited-practice violations and up to €15 million or 3% for other breaches, including GPAI obligations. For AI-system information failures, the maximum is €7.5 million or 1%. Exact penalties depend on the organization and the nature, gravity, and duration of the infringement. Read Articles 99 and 101 of the consolidated AI Act.

Article 14 requires high-risk AI systems to be designed for effective human oversight, and Article 26 requires deployers to assign oversight and ensure the relevant measures are used. Depending on the system, that can include monitoring, interpreting outputs, overriding or reversing results, or interrupting operation. A pre-execution approval gate is one implementation pattern for sensitive actions, not a universal requirement.

Logging duties depend on the system and your role. Articles 12, 19, and 26 address automatic logs, retention, and deployer monitoring for high-risk systems, but they do not universally prescribe every platform telemetry field. Keep a scoped record of system versions, inputs and outputs where appropriate, tool activity, control results, incidents, and human decisions, then confirm the required scope and retention with counsel.

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