TL;DREU AI Act enforcement powers took effect August 2. The Commission can demand model evaluations, restrict market access, and fine providers up to 3% of global revenue. Applies to OpenAI, Anthropic, Google regardless of where they are based.

The European Commission gained enforcement powers over general-purpose AI models on August 2, ending the grace period for Chapter V of the EU AI Act. The Commission can now demand to evaluate models before regional release, restrict EU market access, and fine providers up to €15 million or 3% of global annual turnover, whichever is higher. The powers apply to any company offering a general-purpose AI model in the EU, regardless of where it is headquartered. Non-EU providers must appoint an EU-based authorised representative.

“A US address does not put a lab outside the EU regulator’s reach,” said Elisabetta Righini, partner at Sidley Austin. She added that liability extends beyond substantive breaches: “Refusing an information request, giving misleading answers, or blocking a model evaluation is finable on its own.” The Commission is in talks with OpenAI and Anthropic after recent cyber incidents involving their models, Reuters reported. The EU had sought access to Anthropic’s Mythos model for months before the company agreed to share it in June.