# EU AI Act penalty calculator

The EU AI Act sets a maximum fine for each type of breach: a fixed euro amount or a share of worldwide annual turnover. Pick the breach, enter your turnover and your company size. The calculator shows the cap from Article 99 (or Article 101 for general-purpose AI model providers). It does not predict a real fine.

Use the tool on the [web page](https://aigovernancetools.fyi/tools/eu-ai-act-penalty-calculator). It works without JavaScript.

## How to use it

1. Choose type of breach.
2. Enter total worldwide annual turnover, preceding financial year (eur million).
3. Choose company size.
4. Read the result.

## How it works

Caps come from Regulation (EU) 2024/1689 (https://eur-lex.europa.eu/eli/reg/2024/1689/oj) as amended by the Digital Omnibus on AI, Regulation (EU) 2026/1744 of 8 July 2026, in force since 27 July 2026. We read the consolidated article pages at artificialintelligenceact.eu on 2026-10-29.

Article 99(3): a prohibited practice under Article 5 is fined up to EUR 35,000,000 or 7% of total worldwide annual turnover for the preceding financial year, whichever is higher. Article 99(4): breaches of operator obligations, such as Articles 16, 22, 23, 24, 25(2) and (4), 26, 31, 33, 34 and 50, up to EUR 15,000,000 or 3%. Article 99(5): incorrect, incomplete or misleading information to notified bodies or authorities, up to EUR 7,500,000 or 1%.

Article 99(6): for SMEs, including start-ups, each cap is the lower of the two amounts. Article 99(6a), added by Regulation (EU) 2026/1744: for small mid-cap enterprises, the Article 99(4) and 99(5) caps are the lower of the two amounts. Article 101(1): the Commission may fine providers of general-purpose AI models up to 3% of turnover or EUR 15,000,000, whichever is higher.

SME follows Commission Recommendation 2003/361/EC and SMC follows Recommendation (EU) 2025/1099, as Article 3 of the amended Act defines them. Check which one fits your group before you rely on a figure.

> General information, not legal advice. The figures are the upper limits in the Regulation, not a forecast of any fine. Ask your counsel how the EU AI Act applies to you.

## Questions

### What is the highest fine under the EU AI Act?

For a prohibited AI practice under Article 5: up to EUR 35 million or 7% of total worldwide annual turnover for the preceding financial year, whichever is higher (Article 99(3)).

### Do SMEs and small mid-caps get lower fines?

Yes. Under Article 99(6), for SMEs, including start-ups, each cap is the lower of the fixed amount and the turnover share. Under Article 99(6a), added in July 2026, small mid-caps get the same rule for Article 99(4) and 99(5) fines, but not for prohibited practices.

### Who sets the actual fine?

National market surveillance authorities, under rules each Member State lays down. For general-purpose AI model providers, the Commission. They weigh the nature, gravity and duration of the breach, cooperation and other factors listed in Article 99(7).