Last month the draft guidelines were published defining when an AI system qualifies as high-risk under the EU AI Act. We asked Carlo Salizzo and David Kirton of Dentons Ireland for their legal assessment.

On 19 May the European Commission published draft guidelines defining when an AI system qualifies as ‘high-risk’ under the AI Act, triggering a substantial set of legal obligations. The guidelines are open for consultation until 23 June 2026.

We asked tech partners at Dentons Ireland, Carlo Salizzo and David Kirton to take a deep dive into these guidelines and answer some of the key questions that organisations and start-ups are asking.

What is the significance of these guidelines within the context of the AI Act itself?

The draft guidelines are a long-awaited publication from the European Commission designed to give more clarity to businesses across the EU. Many of the most burdensome obligations under the AI Act are only triggered in respect of AI systems that are designated high-risk, so whether or not a given AI system will fall into that category is a very significant question for businesses as they prepare for compliance with the legislation.