The AI Act for SMEs and start-ups.

Reviewed

Short answer

The AI Act has no general exemption for small companies, but it gives SMEs and start-ups lower fine caps, a simplified technical documentation form, simplified quality-management rules, priority access to regulatory sandboxes and reduced conformity-assessment fees; since the 2026 Digital Omnibus, small mid-cap companies (SMCs) get several of the same reliefs. SMEs are defined by Commission Recommendation 2003/361/EC and SMCs by Recommendation (EU) 2025/1099.

Official sources: AI Act, Article 62 · Regulation (EU) 2026/1744

The reliefs, side by side

Reliefs for SMEs, start-ups and small mid-caps in the consolidated AI Act
ReliefSMEs and start-upsSmall mid-capsArticle
Fine ceiling is the lower of the amount and the percentageAll finesFines under Article 99(4) and (5), not prohibited practices99(6), (6a)
Member states weigh their interests and economic viability when imposing penaltiesYesYes99(1)
Simplified technical documentation form (Annex IV) that notified bodies must acceptYesYes11(1)
Quality management system proportionate to sizeYesYes17(2)
Certain quality management elements in a simplified mannerIf they have no partner or linked enterprises—63(1)
Priority access to AI regulatory sandboxesWith a registered office or branch in the EU—62(1)(a)
Tailored awareness and training, dedicated channels for questions, help joining standardisationYes—62(1)(b)–(d)
Conformity assessment fees reduced in proportion to sizeSME providers—62(2)
Support in meeting the AI literacy dutyIn particular SMEs—4(2)
Guidance and codes of conduct that pay attention to their needsYesYes70(8), 95(4), 96

What does not change with size

  • The prohibitions of Article 5 apply to everyone, and the SMC fine reduction does not cover them.
  • Article 50: a small company that publishes deepfakes must disclose them like any other deployer.
  • High-risk requirements: the simplifications change the paperwork, not the level of protection; Article 63(1) says so explicitly.
  • AI literacy (Article 4) applies to providers and deployers of every size.

Typical situations

What applies to a small company in common cases
YouWhat appliesFrom
Use general AI assistants for e-mails, research or codeAI literacy for the staff who use them2 February 2025
Publish AI images, video or voice in marketingDisclose deepfakes (Article 50(4))2 August 2026
Offer a chatbot or an AI generator under your brandTell users they talk to an AI; mark generated output (Article 50(1), (2))2 August 2026; 2 December 2026 for marking by systems already on the market
Use an AI tool to screen job applicantsDeployer duties for high-risk AI (Article 26)2 December 2027
Build such a screening toolProvider duties for high-risk AI, with the simplified documentation form2 December 2027

Questions

Are start-ups exempt from the AI Act?
No. The AI Act defines SMEs, including start-ups, by Recommendation 2003/361/EC and gives them lighter treatment in fines, documentation, quality management, sandboxes and fees, but the obligations themselves still apply.
What is a small mid-cap under the AI Act?
A small mid-cap enterprise as defined in point (2) of the Annex to Commission Recommendation (EU) 2025/1099 (Article 3(14b), added by the Digital Omnibus). Such companies get lower fine caps for most infringements and may use the simplified documentation form.

Sources

  • AI Act, Article 62: Measures for providers and deployers, in particular SMEsEuropean Commission, AI Act Service Desk (AI Act Explorer)Consolidated text as at 27 July 2026 (includes the Digital Omnibus, Regulation (EU) 2026/1744), shown in the Commission’s AI Act Explorer.read
  • AI Act, Article 63: Derogations for specific operatorsEuropean Commission, AI Act Service Desk (AI Act Explorer)Consolidated text as at 27 July 2026 (includes the Digital Omnibus, Regulation (EU) 2026/1744), shown in the Commission’s AI Act Explorer.read
  • AI Act, Article 99: PenaltiesEuropean Commission, AI Act Service Desk (AI Act Explorer)Consolidated text as at 27 July 2026 (includes the Digital Omnibus, Regulation (EU) 2026/1744), shown in the Commission’s AI Act Explorer.read
  • AI Act, Article 3: DefinitionsEuropean Commission, AI Act Service Desk (AI Act Explorer)Consolidated text as at 27 July 2026 (includes the Digital Omnibus, Regulation (EU) 2026/1744), shown in the Commission’s AI Act Explorer.read
  • AI Act, Article 4: AI literacyEuropean Commission, AI Act Service Desk (AI Act Explorer)Consolidated text as at 27 July 2026 (includes the Digital Omnibus, Regulation (EU) 2026/1744), shown in the Commission’s AI Act Explorer.read
  • Regulation (EU) 2026/1744 (Digital Omnibus on AI) — Article 111(4) transition, Article 50(7)EUR-Lex / Official Journal of the EURead on 2 November 2026 from the EU Publications Office’s copy of the Official Journal text (publications.europa.eu, same act); EUR-Lex blocks scripted fetches.read

Last reviewed by Volkan Çatak, Founder, Proofcan.

Not legal advice. This page explains official texts in plain words and links each one; check the sources, or a lawyer, before relying on it for a decision.