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Is our AI tool high-risk under the EU AI Act? An Annex III check for small businesses (2026)

Updated 14 Oct 2026 · Disclosure: the EURO AI Register mentioned below is an Unadhi product with a free edition. This guide is for information only, not legal advice.

Short answer: for most small businesses, no. Under the EU AI Act a tool is high-risk because of what you use it for, not because it is "AI". Writing emails, summarising documents, translating, bookkeeping help or a customer-service chatbot are not on the high-risk list. The list that matters for most firms is Annex III: eight areas such as hiring and staff management, credit scoring and insurance pricing for individuals, and education. If one of your tools is used in those areas, the high-risk rules reach you from 2 December 2027 (moved from 2 August 2026 by the Digital Omnibus on AI). Check each tool once, write down why, and you are done until its use changes.

The eight Annex III areas in plain words

#AreaSmall-business examples that would be in scopeUsually not in scope
1BiometricsRemote biometric identification, sorting people by sensitive traits, emotion recognitionFingerprint or face unlock that only confirms a person is who they claim to be
2Critical infrastructureAI as a safety component in running road traffic, water, gas, heating, electricity or critical digital infrastructureEnergy-use dashboards for your own office
3Education and vocational trainingDeciding admissions, grading or steering learning, assessing the level of education someone gets, proctoring examsA tutor chatbot that gives practice questions without grading
4Employment and workersTargeted job ads, filtering CVs, ranking or evaluating candidates; deciding promotion, dismissal or task allocation; monitoring and rating staff performanceDrafting a job ad, scheduling interviews a person already chose
5Essential private and public servicesCreditworthiness or credit scores of individuals; risk and pricing for life or health insurance; eligibility for public benefits; triaging emergency callsFraud detection for financial fraud (expressly excluded from the credit item); invoice reminders
6Law enforcementUses by or for police authoritiesNot a normal SME use
7Migration, asylum and border controlUses by or for competent public authoritiesNot a normal SME use
8Justice and democratic processesHelping a judicial authority research and apply the law to facts; influencing election or referendum outcomes or voting behaviourCampaign admin tools that people are not directly exposed to

This is a summary. Read the exact wording in Annex III of Regulation (EU) 2024/1689 before you decide a borderline case.

The 10-minute check, one tool at a time

  1. Write the real use in one sentence. Not "we use Copilot" but "HR uses Copilot to shortlist CVs for sales jobs". The same tool can be minimal-risk in one team and high-risk in another.
  2. Is that use in one of the eight areas above? If not, it is not high-risk under Annex III. Note "no Annex III use" with the date.
  3. Is it a safety component of a regulated product (medical devices, machinery, toys, lifts and the other Annex I laws)? That is the separate Article 6(1) route, with rules from 2 August 2028.
  4. If it is in an Annex III area, does Article 6(3) take it out? It can, if the system poses no significant risk of harm and only:
    • performs a narrow procedural task (for example turning unstructured documents into structured data);
    • improves the result of work a person already finished (for example polishing the wording of a letter already written);
    • detects decision patterns or deviations from earlier decisions, without replacing or influencing the human assessment unless a person reviews it; or
    • does a preparatory task for an assessment (for example indexing or translating files before a person decides).
  5. Profiling override. If the system profiles natural persons (automated evaluation of things like work performance, reliability or behaviour), it is always high-risk, whatever step 4 says.
  6. Write down the result and why. Date, person, outcome, and which step decided it. If you rely on step 4, keep the vendor's own assessment: a provider that decides its Annex III system is not high-risk has to document that assessment (Art. 6(4)).

Want a guided version? The free risk-tier checker asks the same questions.

Common small-business tools, checked

Tool and useLikely resultWhy
ChatGPT or Copilot for emails, proposals and summariesNot high-riskNo Annex III purpose; check Article 50 if you publish AI text on matters of public interest
Website chatbot answering customer questionsNot high-riskArticle 50 disclosure applies: people must know they are talking to AI
Applicant-tracking system that scores or ranks CVsHigh-riskAnnex III point 4, and scoring candidates is profiling
Same system used only to parse CVs into fields, a person reads every CVPossibly not high-riskNarrow procedural task under Art. 6(3); keep the vendor's assessment and check it really does not rank
Staff productivity tool that rates employeesHigh-riskAnnex III point 4, monitoring and evaluating performance
Lender or broker tool that scores individual borrowersHigh-riskAnnex III point 5(b); a fundamental rights impact assessment also applies (Art. 27)
Accounting software flagging unusual transactions for fraudNot high-risk under point 5(b)Financial-fraud detection is expressly excluded from the credit item

If a tool is high-risk: what changes for you as the user

If you only use a high-risk tool (you are the deployer), most of the heavy work, such as technical documentation and conformity assessment, is the vendor's. From 2 December 2027 Article 26 asks you to use it as instructed, give trained people human oversight, check the input data you control, monitor it and report serious incidents, keep its automatic logs for at least six months, and inform workers' representatives and affected workers before using it at work. Details: record-keeping for SME deployers and 12 questions to ask your AI vendor.

If you built the tool, or sell it under your own name, you are the provider and the provider duties apply. Get specialist advice.

What applies today, whatever the result

This check is a starting point, not a legal opinion or proof of compliance. For hiring, credit, insurance, education, biometrics or staff monitoring, get specialist advice. Spot an error in this guide? Write to mininglife7@gmail.com.

For accountants and tax advisers

The one client question worth asking this year is "do you use AI to choose, score or monitor people or to decide on credit?". Most clients will say no, and the answer goes in their file with a date. The 60-minute client AI inventory workshop shows how to run it alongside the year-end pack. Stay inside your professional rules and pass legal questions to a lawyer.

Partner programme opening soon

The EURO AI Register free edition runs in your browser with no account and no upload. It covers your first 10 AI systems and 10 evidence records, the screening questions, duties by role with dates, and a printable Article 4 AI-literacy record. Partner programme opening soon: join the free waitlist. Planned terms are 50% of each referred sale (75% once you have 5+ paying customers), single level, paid through Gumroad only from revenue received.

When you need more than 10 systems, the EURO AI Register membership starts at $19 a month and adds unlimited systems, rule updates and email help. Neither tool is legal advice or proof of compliance.

Free start: add each AI tool with its one-sentence use and its Annex III result to the EURO AI Register free edition. Related: What applies now · SME AI inventory template · Staff AI use policy.

Sources

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Unadhi Guides are free, independent explainers. We correct errors as soon as we find them: write to mininglife7@gmail.com.