Skip to content
NewNeed a law or country we don't cover yet? Tell us, and see what's coming next.What's coming →
GlanceDesk™Jurisdiction

Home › Compare laws side by side › EU AI Act vs EU GDPR

EU AI Act vs EU GDPR

Regulation (EU) 2024/1689 (Artificial Intelligence Act), as amended by Regulation (EU) 2026/1744 (AI Omnibus) (European Union) compared with Regulation (EU) 2016/679 (General Data Protection Regulation) (European Union (EEA)) on the same topics. Every value comes from the law pages, which link to the official sources.

TopicEU AI Act
European Union
✓ Confirmed by two sources
EU GDPR
European Union (EEA)
✓ Confirmed by two sources
StatusIn force since 1 Aug 2024, applying in stages. The AI Omnibus (in force 27 Jul 2026) moved stand-alone high-risk rules to 2 Dec 2027 and product-embedded high-risk rules to 2 Aug 2028.✓In force since 25 May 2018. Digital Omnibus amendments proposed Nov 2025, not adopted as of Oct 2026.✓
Who it applies toProviders placing AI systems on the EU market, deployers using AI in the EU, and providers or deployers outside the EU whose AI output is used in the EU.✓Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.✓
Size thresholdsNone for prohibitions and transparency duties. Obligations depend on the AI system's risk level and your role (provider, deployer, importer, distributor).✓None — applies regardless of size. Limited record-keeping relief for organisations under 250 staff (Art 30(5)), lost if processing is risky, not occasional, or includes special-category or criminal data.✓
RegulatorEuropean AI Office (general-purpose AI models and some AI in very large platforms) and national market surveillance authorities✓National data protection authorities (DPAs), coordinated by the European Data Protection Board (EDPB)✓
Breach or incident reportingNow: providers of general-purpose AI models with systemic risk must report serious incidents to the AI Office without undue delay (Art 55). From 2 Dec 2027 (Annex III) / 2 Aug 2028 (Annex I): high-risk providers report serious incidents to the market surveillance authority within 15 days; 10 days if a death; 2 days for widespread infringements or serious critical-infrastructure disruption (Art 73).✓Notify the competent supervisory authority without undue delay and within 72 hours of becoming aware, unless the breach is unlikely to result in a risk to individuals (Art 33). If you have an EU main establishment, that is your lead authority; if you have no EU establishment (even with an EU representative), notify the authority of every member state where affected people live (EDPB Guidelines 9/2022, para 73). Tell affected individuals without undue delay if the risk is high (Art 34).✓
Deadline to answer personal data requestsN/A✓1 month from receipt; extendable by 2 further months for complex requests if the person is told within the first month. Free of charge unless manifestly unfounded or excessive.✓
Data protection officerN/A (AI literacy measures required under Art. 4, as amended by the AI Omnibus)✓DPO mandatory for public bodies, and where core activities involve large-scale regular and systematic monitoring, or large-scale processing of special-category or criminal-offence data.✓
Local representativeNon-EU providers of high-risk AI systems and of general-purpose AI models must appoint an EU authorised representative by written mandate (open-source GPAI models without systemic risk are exempt).✓Non-EU controllers/processors caught by Art 3(2) must appoint an EU representative in writing, unless processing is occasional, low-risk and excludes large-scale sensitive data, or they are a public body.✓
Sending data abroadN/A✓Transfers outside the EEA need an adequacy decision (e.g. UK, Switzerland, EU-US Data Privacy Framework), or safeguards such as Standard Contractual Clauses or Binding Corporate Rules, or a narrow Art 49 derogation.✓
Cookies and consentN/A✓Cookie/tracker consent is governed by the ePrivacy Directive Art 5(3); where consent is the GDPR legal basis it must be freely given, specific, informed, unambiguous and as easy to withdraw as to give.✓
Maximum penaltyUp to EUR 35m or 7% of worldwide turnover for prohibited practices; EUR 15m or 3% for other obligations incl. high-risk and transparency; EUR 7.5m or 1% for misleading info (whichever higher; SMEs pay the lower).✓Up to EUR 20 million or 4% of total worldwide annual turnover, whichever is higher (lower tier: EUR 10 million or 2%).✓

= confirmed by two independent sources, at least one official.

Facts marked “Being verified” are still being confirmed and are not given as answers.

Who each law applies to

EU AI Act
Providers placing AI systems on the EU market, deployers using AI in the EU, and providers or deployers outside the EU whose AI output is used in the EU.
EU GDPR
Any organisation processing personal data in the context of an EU establishment, plus non-EU organisations that offer goods/services to people in the EU or monitor their behaviour there.

What you must do under EU AI Act

Full EU AI Act page, sources and checklist

What you must do under EU GDPR

Full EU GDPR page, sources and checklist

Information only, not legal advice. Laws change; confirm with the regulator or a qualified lawyer before relying on this page. Spotted an error? Email contact@glancedeskjurisdiction.com.