What counts as an 'AI system' under the Act
Before any of the rules apply, something has to be an AI system as the Act defines it. The definition is broad, but it does not catch every piece of software.
The definition, in plain terms
A machine-based system that operates with some degree of autonomy, may adapt over time, and infers from the input it receives how to produce outputs such as predictions, content, recommendations, or decisions that can influence the world around it.
The key word is infers. The system works things out, rather than only following fixed rules a person wrote by hand.
What that includes
Machine learning models, large language models, recommendation and ranking engines, computer vision, and the tools built on top of them. If a system learns from data, predicts, generates content, or recommends, it is very likely in scope.
Most modern AI products clearly qualify. If a vendor markets something as AI and it does any of the above, assume the Act could apply and classify the use rather than waiting to be sure.
What it tends to exclude
Ordinary deterministic software that follows explicit rules a person wrote, simple automation, and basic statistical methods, where there is no inference in the Act's sense. A spreadsheet formula, a sorting rule, or a fixed if-this-then-that workflow is not an AI system.
The dividing line is inference. Software that always gives the same output for the same input, by rules you could read, is not what the Act is aimed at.
Why the line matters
If something is not an AI system, the Act's specific duties do not attach to it, which keeps the law from swallowing all of business software. But the edges are genuinely fuzzy, and many products blend hand-written rules with learned components.
The European Commission has published guidance to help draw the line. When a tool sits near it, that guidance and a cautious instinct are worth more than a confident guess.
The practical approach
If a tool learns, predicts, generates, or recommends in a way you cannot fully trace back to hand-written rules, treat it as in scope, add it to your inventory, and classify the use.
It is safer to include a borderline tool and find it is minimal-risk than to leave it off and miss a duty. Inclusion costs you a line in a register; omission can cost you a gap in your compliance.
This guide is general educational information, not legal advice. For how the Act applies to your organisation, classify your systems and consult qualified counsel.
Put it into practice
Classify your AI systems against the Act and generate the documents this guide describes.