Regulation draft outlines penalty deadlines

A draft regulation published by the European Commission on October 12, 2026, outlines how the AI Office can restart the five-year deadline for imposing penalties on companies. The draft is open for public feedback until November 9 and has not yet been finalized or approved by the Commission.

Scope of AI Office jurisdiction

The draft focuses on penalties imposed by the AI Office, not national authorities. It applies to specific AI systems, including those based on general-purpose models developed by the same supplier or integrated into large platforms designated under the Digital Services Act. It excludes systems related to certain products and critical infrastructures.

Deadline interruptions and suspensions

The draft explains how the five-year deadline for imposing penalties can be interrupted or suspended. Actions such as requests for information, inspections, or structured dialogues with the Commission can restart the deadline. However, legal challenges or delays in court can suspend the countdown, potentially extending the period beyond ten years.

Sanction enforcement timeline

The enforcement of penalties follows a similar timeline to competition law. Five years from the final decision, with interruptions for changes in penalty amounts or recovery actions. The period can be suspended if payment deadlines are extended or if a court halts enforcement. However, the draft contains an inconsistency regarding an undefined paragraph that could extend the limit during a suspension.

Access to documents for defense

The draft allows companies to request access to documents after preliminary findings are notified. External advisors, such as lawyers and technical experts, may receive confidential information under certain conditions. These advisors cannot be employees of the company or join a competitor within three years of the investigation’s closure. Internal engineers do not receive the same level of access to confidential documents.