Article 5 red-flag screener · 2026

Could your AI use case fall within an EU AI Act prohibited practice?

Screen for Article 5 red flags. A positive result means stop and perform legal review — not that this tool has made a binding classification.

Does the system use manipulative, deceptive or subliminal techniques, or exploit a person's vulnerability, in a way that may materially distort behaviour and cause or be reasonably likely to cause significant harm?
Does it perform social scoring or individual criminal-risk prediction based solely on profiling/personality traits?
Does it involve sensitive biometric categorisation, untargeted facial-image scraping, workplace/school emotion inference, or real-time remote biometric identification in public spaces?

Article 5 contains qualifications and exceptions. A “yes” here requires the specific paragraph to be checked.

Does it generate or manipulate non-consensual intimate/sexually explicit material of an identifiable person, or child sexual abuse material?

The 2026 amendment added new prohibitions applying from 2 December 2026, subject to the statutory text.

Primary sources

Regulation (EU) 2024/1689

Regulation (EU) 2026/1744 amendment

Red-flag logic version 2026.09.29. This screener intentionally does not decide statutory exceptions.