Commission Guidelines on the definition of an AI system

Summary

Non-binding guidelines issued by the European Commission under Article 96(1)(f) of the AI Act. They explain the seven elements of the AI system definition in Article 3(1): machine-based system, autonomy, adaptiveness, objectives, inference, outputs and interaction with the environment. They also describe systems that fall outside the definition, such as basic data processing, classical heuristics and simple prediction systems.

Who it applies to

Addressed to providers and other relevant persons, including market and institutional stakeholders, who need to determine whether a system is an AI system within the meaning of Article 3(1) of the AI Act, which defines the scope of application of the AI Act.

Key points

• The definition has 7 main elements, which need not all be present throughout both the building phase and the use phase of the system.
• The capability to infer is the key condition that distinguishes AI systems from simpler traditional software.
• Systems for mathematical optimisation, basic data processing, classical heuristics and simple prediction may fall outside the definition.
• The guidelines are not binding; only the Court of Justice of the European Union can give a definitive interpretation of the AI Act.

Key dates

Signed / adopted

Jul 29, 2025