Context
In recent months there has been a lot of commentary on the timelines for the implementation of key requirements under the EU AI Act, with discussions of extending deadlines, delaying implementation and introducing ‘stop the clock’ mechanisms. It is difficult to keep track of how the implementation of the EU AI Act might change and how this may impact businesses.
The purpose of this note is to provide a brief overview of the proposed changes to the compliance timeline as known on 6 March 2026.
EU AI Act – the Current Timeline
The obligations under the EU AI Act which entered into force on 1 August 2024 envisaged a staggered implementation to give organisations time to comply with the new legal framework.
The most important date for many organisations is 2 August 2026 when the bulk of the EU AI Act requirements will take effect including, notably, the rules applicable to providers and deployers of Annex III high-risk AI (HRAI) systems and AI systems subject to transparency obligations under Article 50 of the AI Act. The date for compliance for Annex I HRAI systems is 2 August 2027.
Implementation Delayed?
The EU AI Act introduces a complex framework of legal requirements, underpinned by a risk-based classification system. In addition to guidance from the European Commission (EC), separate technical standards were also expected to provide further clarity on some of the core obligations under the EU AI Act, e.g., the expected quality management and risk management systems, record keeping and dataset quality requirements.
However, over the course of 2025, it became increasingly clear that the publication of key guidance (e.g., related to the practical application of the high-risk classification), standards and other relevant documentation, such as the finalised transparency code of practice for AI-generated content would be delayed leaving little to no time for organisations to get ready for the 2 August 2026 compliance deadline.
On top of this, a number of EU Member States have fallen behind in their implementation of the EU AI Act under national legislation, causing further uncertainty for organisations. Countries who had not enacted relevant legislation as the omnibus was being tabled included France, Germany and Ireland. In total, at least 12 member states missed the deadline to appoint competent authorities and 19 had not appointed single points of contact.
Digital Omnibus on AI Regulation Proposal
On 19 November 2025 the EC unveiled the Digital Omnibus on AI Regulation Proposal (the AI Digital Omnibus) proposing reforms to the EU AI Act that include extending compliance deadlines for HRAI systems. This initiative is the first stage of a broader EC effort to boost competitiveness by consolidating the EU’s digital rulebook through simplification. The second stage involves a “Digital Fitness Check“, a stress test to ensure rules remain effective and proportionate while assessing their cumulative impact on business and fundamental rights.
The AI Digital Omnibus empowers the EC to confirm whether adequate compliance measures exist for HRAI systems. Per Recital (22) of the AI Digital Omnibus, the EC will evaluate these measures against existing harmonised standards, common specifications, and official guidelines. Once the EC issues this decision, new compliance deadlines will take effect. The AI Digital Omnibus proposes changing the compliance deadlines for HRAI systems as follows.
- For Annex III HRAI systems, which affect a broad range of organisations, particularly those using AI for recruitment, HR decisions, or insurance risk assessments, the deadline to comply is proposed to be six months from the date of the EC’s decision. If no decision is issued, organisations would have to comply by 2 December 2027 at the latest.
- For Annex I HRAI systems, which are some products subject to existing product safety requirements, it is proposed that organisations will generally have twelve months from the decision to comply. If no decision is issued, the backstop deadline is 2 December 2028. An exception applies to a small number of products in Annex I which will have an earlier deadline.
The AI Digital Omnibus proposes updates to the HRAI system grandfathering clause contained in the EU AI Act. The AI Digital Omnibus proposes exempting HRAI systems already on the market at the time the obligations come into effect from compliance until they undergo significant design changes. This replaces the previous 2 August 2026 cutoff in the EU AI Act.
Separately for AI systems generating synthetic audio, image, and video content, that are on the market before 2 August 2026, the AI Digital Omnibus proposes extending the deadline for compliance under the EU AI Act by six months until 2 February 2027. The delay is likely to allow time for the Code of Practice on the marking and labelling of AI-generated content to come into force in 2026 before the associated EU AI Act provisions apply.
Omnibus Proposal – Under Negotiation
The changes to the timeline are only one part of the broader AI Digital Omnibus package. In the wake of publication it appeared that one proposal to speed up the AI Digital Omnibus was to separate the timeline change out into its own proposal ensuring that it did not get bogged down in other controversial items. However, for the moment it appears that this particular proposal is off the table.
According to media reports the updated timeline proposal within the AI Digital Omnibus has received a mixed reception.
The European Parliament’s (the Parliament), Committee on the Internal Market and Consumer Protection and the Committee on Civil Liberties, Justice and Home Affairs have published a draft joint committee report (the Report) that proposes several amendments to the AI Digital Omnibus proposal including the timelines. The Report replaces EC discretion with fixed compliance deadlines:
- 2 December 2027 for Annex III HRAI systems and 2 August 2028 for Annex I HRAI systems.
- The 2 February 2027 deadline for AI systems generating synthetic audio, image, video content remains unchanged.
It is unclear at this stage to what extent the above proposed amendments will receive support in the Ordinary Legislative Procedure. Some Member States appear to be concerned that the ability of the EC to trigger enforcement early adds uncertainty. It has been reported that the Council of the European Union’s first compromise text of the AI Digital Omnibus agrees with the Report proposing fixed dates for compliance with HRAI system obligations.
The Joint Opinion of the EDPB-EDPS on the AI Digital Omnibus proposal (the Opinion) which was published shortly before the Report has also expressed concern regarding the moveable deadline, noting its impact on legal certainty and fundamental rights. In relation to HRAI systems the Opinion suggests co-legislators consider maintaining the current timeline for certain obligations, such as on transparency.
Summary of Timeline Changes – Where are we at?
Therefore, the proposed timeline changes can be broadly summarised as follows.
| Obligation | EU AI Act Current Position | AI Digital Omnibus Commission Proposal | AI Digital Omnibus Parliament Proposal |
|---|---|---|---|
| New High-Risk AI systems – Annex III EU AI Act | 2 August 2026 | Earlier of 6 months from EU Commission adequacy decision or 2 December 2027 | 2 December 2027 |
| Existing High-Risk AI systems – Annex III EU AI Act | If on market/in use at 2 August 2026 comply only from when significant changes are made. | If on market/in use at time high-risk obligations come into effect comply only from when significant changes are made. | If on market/in use at time high-risk obligations come into effect comply only from when significant changes are made. |
| New High-Risk AI systems – Annex I EU AI Act | 2 August 2027 | Earlier of 12 months from EU Commission adequacy decision or 2 December 2028 | 2 August 2028 |
| Existing High-Risk AI systems – Annex I EU AI Act | If on market at 2 August 2026 comply only from when significant changes are made. | If on market/in use at time high-risk obligations come into effect comply only from when significant changes are made. | If on market/in use at time high-risk obligations come into effect comply only from when significant changes are made. |
| New & Existing AI systems Transparency Obligations – Direct Interaction (Article 50(1) EU AI Act) | 2 August 2026 | No Change. | No Change. |
| New AI systems Transparency Obligations – Synthetic Generated Content (Article 50(2) EU AI Act) | 2 August 2026 | No Change. | No Change. |
| Existing AI systems Obligations – Synthetic Generated Content (Article 50(2) EU AI Act) | 2 August 2026 | If on market before 2 August 2026 comply by 2 February 2027 | If on market before 2 August 2026 comply by 2 February 2027 |
| New & Existing AI systems Transparency Obligations – emotion recognition and biometric categorisation systems (Article 50(3) EU AI Act) | 2 August 2026 | No Change. | No Change. |
| New & Existing AI systems Transparency Obligations – Deep Fake (Article 50(4) EU AI Act) | 2 August 2026 | No Change. | No Change. |
Uncertainty Ahead
Media reports indicate that the current aim of the European Parliament is to undertake trilogue talks in April or early May 2026. How long those negotiations will take is unknown. Those negotiations could lead to a very different timeline to what has been proposed.
Once a final text is agreed, enactment remains subject to the Council and the Parliament moving quickly to enact the Regulation. Until the AI Digital Omnibus is enacted, the deadline for compliance with the Annex III HRAI systems is still 2 August 2026.
For further information in relation to the AI Act please contact John Cahir, partner, Aideen Burke, partner, Chris Bollard, partner, Dr Stephen King, partner, Andrew Sheridan, partner, Irina Vasile, senior associate, or your usual ALG Technology contact.
ALG has also published a more detailed guide to the AI Act which is accessible here