The law follows the system’s use, not the agent label.
“AI agent” is not a separate legal category in the EU AI Act. The European Commission explains that an agent will usually be part of an AI system, often alongside a general-purpose AI model. The system’s intended purpose, actual use, and the role each organisation plays determine which rules may apply; calling a product an agent does not decide its classification.
Start with the system people use. An agent designed to interact with people or generate content may fall within Article 50’s transparency duties, which have applied since 2 August 2026, subject to the article’s specific scope and exceptions. If its intended purpose places it in an Annex III use case, or it is a safety component of a product covered by Annex I legislation, high-risk requirements apply from 2 December 2027 or 2 August 2028 respectively. Those later dates affect the high-risk requirements; they do not postpone every other obligation.
Then examine the model-provider side separately. For a general-purpose model with potential systemic risk, the Act’s Annex XIII criteria include evaluations of the tasks it can perform, its autonomy and scalability, and the tools it can access. Those criteria inform assessment of the underlying model; they do not make every agent product or every model automatically “systemic risk.”
Map the productRecord intended purpose, users, inputs, actions, system provider, deployer, and the underlying model provider.
Check the system rulesReview prohibited practices, applicable transparency duties, and the Annex I or Annex III high-risk classification tests.
Check model dutiesAssess GPAI obligations at the model-provider boundary, including whether systemic-risk criteria apply.
Keep evidence distinctDocument the reasoning for the AI system and for the underlying model; their legal roles and obligations are not interchangeable.
For the full role and application-date map, read the EU AI Act guide ↗. The Commission’s AI Act Service Desk FAQ on AI agents ↗ explains how the Act addresses them; its summaries are practical guidance, while the Regulation remains the binding text.