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AI system (Article 3 EU AI Act)

Machine-based system with a degree of autonomy under Art. 3(1) AI Act

· Category: EU AI Act · Compliance-Kit

TL;DR

Under Art. 3(1) EU AI Act, an AI system is a machine-based system that operates with varying levels of autonomy, that may exhibit adaptiveness after deployment and that produces inferences from inputs (predictions, content, recommendations, decisions).

What is an AI system (Article 3 EU AI Act)?

The definition was set out in more detail by the Commission guidelines C(2025) 5053 final of 29 July 2025. Seven core elements of the definition: (1) machine-based system, (2) degree of autonomy, (3) adaptiveness after deployment (possible, not mandatory), (4) inputs, (5) inferences, (6) explicit or implicit objectives, (7) influence on physical or virtual environments.

Important distinctions: classic rule-based software is NOT an AI system. Standard statistical analysis tools (for example Excel pivot tables) are not either. A simple forecasting model using linear regression is a borderline case — the guidelines regard the 'learning character' as decisive.

Practical example

Clear examples of AI systems under Article 3:

  • Generative AI (ChatGPT, Claude, Gemini)
  • Image recognition (for example defect detection in production)
  • Recommender systems (Netflix, Amazon)
  • HR recruiting algorithms
  • Predictive maintenance models

Clearly not AI:

  • Excel formulas and pivot tables
  • Classic SQL reports
  • Rule-based workflows without a learning component

Frequently asked questions

Is 'simple logistics optimisation' an AI system?
It depends on whether a learning character is present. Classic linear optimisation (LP solver): not AI. Reinforcement-learning optimisation: AI. We recommend the 7-point test in the EU guidelines as a decision aid.
What about GPAI (General Purpose AI)?
GPAI are a subcategory of AI systems. Separate obligations under Art. 53–55 EU AI Act have applied since 2 August 2025. ChatGPT, Claude and Gemini are classic GPAI models.
Do Excel macros become AI systems?
No. Even complex VBA macros remain rule-based without a learning component — not AI within the meaning of the Regulation.

See also

Practitioner note: This article is practice-oriented compliance documentation, not legal advice. We are compliance specialists, not a law firm. For legally binding advice, consult a qualified lawyer.