Does EU AI Act require Risk Assessment?

European Union • phased enforcement

Yes — 2 provisions

Requirements at a glance

This regulation imposes 20 specific requirements for Risk Assessment across 2 provisions:

Risk Management (Article 9) #

Obligation:
Risk Assessment
enacted
Effective:
Dec 2, 2027
Risk tier:
high-risk
Scope:
providers of high-risk AI systems

Requirements

RequirementDetails
Risk management systemEstablish and maintain throughout AI lifecycle (Article 9(1))
Identify and analyzeIdentify known and reasonably foreseeable risks to health, safety, and fundamental rights during intended use (Article 9(2)(a))
Estimate and evaluateEstimate and evaluate risks that may emerge under intended use and reasonably foreseeable misuse conditions (Article 9(2)(b))
Post-market evaluationEvaluate risks based on data from post-market monitoring (Article 9(2)(c))
Risk mitigationTake appropriate and targeted mitigation measures addressing identified risks (Article 9(2)(d))
Design-based reductionEliminate or reduce risks through adequate design and development where technically feasible (Article 9(5)(a))
Residual riskEnsure residual risk associated with each hazard and overall residual risk is judged acceptable (Article 9(5))
TestingTest to identify appropriate risk management measures and ensure consistent performance and compliance; tested against prior defined metrics and probabilistic thresholds (Article 9(6)-(8))
Continuous monitoringOngoing performance monitoring throughout the system lifecycle

Penalties

ViolationFine
High-risk non-complianceUp to EUR 15M or 3% global turnover

Fundamental Rights Impact Assessment (Article 27) #

Obligation:
Risk Assessment
enacted
Effective:
Dec 2, 2027
Risk tier:
high-risk
Scope:
Deployers that are bodies governed by public law or private entities providing public services, and any deployer of Annex III point 5(b)-(c) systems (creditworthiness assessment, life and health insurance risk assessment and pricing); Annex III point 2 (critical infrastructure) systems are excluded
upcominghigh-impact
The deployer-side counterpart to the provider's Article 9 risk management system. Deferred with the rest of the Annex III high-risk regime, but the Digital Omnibus made it materially cheaper to run: a completed GDPR data protection impact assessment can now be cross-referenced rather than duplicated, and the AI Office must ship a questionnaire template.

Requirements

RequirementDetails
Pre-deployment assessmentAssess the impact on fundamental rights before putting the high-risk system into use (Article 27(1))
Process descriptionDescribe the deployer processes in which the system will be used, in line with its intended purpose (Article 27(1)(a))
Period and frequencyDescribe the period and frequency of intended use (Article 27(1)(b))
Affected personsIdentify the categories of natural persons and groups likely to be affected in the specific context (Article 27(1)(c))
Specific harmsIdentify specific risks of harm to those categories, using the provider information supplied under Article 13 (Article 27(1)(d))
Human oversightDescribe implementation of human oversight measures per the instructions for use (Article 27(1)(e))
Response measuresSet out measures if risks materialise, including internal governance arrangements and complaint mechanisms (Article 27(1)(f))
First use and updatesApplies to first use; earlier assessments (including a provider's) may be relied on in similar cases, and the assessment must be updated when elements change (Article 27(2))
Notify authorityNotify the market surveillance authority of the results, submitting the filled-out template (Article 27(3))
DPIA cross-referenceWhere an obligation is already met by a GDPR Article 35 or LED Article 27 data protection impact assessment, the deployer may cross-reference the relevant sections or incorporate parts of it (Article 27(4), as replaced by Regulation (EU) 2026/1744)
AI Office templateThe AI Office must develop a questionnaire template, including an automated tool, allowing DPIA cross-references (Article 27(5), as replaced)

Penalties

ViolationFine
High-risk non-complianceUp to EUR 15M or 3% global turnover
View full regulation View obligation Obligation matrix