EU AI Act update: the Council adopted the Digital Omnibus on AI on 29 June 2026. Official Journal publication is still pending; review the official Council update before relying on older high-risk deadline references. Council update EU AI Act update: Council adopted the Digital Omnibus; OJ publication pending. Council update
Current law plus draft-guidance review · 23 June 2026

EU AI Act Article 6(3) Filter Decision Record

An Article 6(3) filter decision record helps a team document the narrow filter rationale after the High-Risk Classification Router has already pointed the system toward Annex III and possible Article 6(3) review. It does not create an exemption, certify compliance, or replace counsel.

Source basis · last reviewed 23 June 2026

Article 6(3) is part of current law. The Commission draft guidelines published on 19 May 2026 provide non-exhaustive interpretive examples and remain under consultation until 23 July 2026. Providers relying on Article 6(3) must document the assessment before placing the system on the market or putting it into service and must register under Article 49(2). Deployers and procurement reviewers should retain their own use-case record and request the provider assessment; this tool does not create a substitute legal assessment.

Decision rule

Use Article 6(3) as a record-building filter, not a shortcut.

The practical question is not “can we label this exempt?” It is whether the provider can support the Article 6(3) conditions with a documented Article 6(4) assessment, while the deployer separately records its actual use case and vendor evidence.

Task type

Record whether the AI system performs a narrow procedural task, preparatory task, post-human improvement, or pattern detection. Broad evaluation or scoring needs escalation.

Material influence

Record whether the output ranks, scores, excludes, recommends, prioritises, or otherwise shapes a meaningful decision about a person.

Profiling and evidence

Record whether profiling is involved and whether vendor instructions, intended purpose, logs, and oversight evidence support the claimed boundary.

Browser tool

Build the Article 6(3) filter decision record.

Use redacted facts. Do not enter personal data, trade secrets, employee records, patient data, privileged legal advice, production credentials, or client-confidential information.

1. System and role

Use an internal ID or redacted system name.

2. Annex III and task route

Select every area that reasonably applies.

3. Filter blockers and evidence

Output is a working record for internal review. It is not legal advice, conformity assessment, certification, or proof of compliance.

FAQ

Article 6(3) filter questions

These answers are designed for working records and vendor review, not final legal determinations.

No. The Article 6(3) Filter Decision Record gives an operational triage record, not a legal exemption decision. Use the output to document assumptions, evidence gaps, vendor questions, and review owners before qualified legal or regulatory review.

Use the Article 6(3) filter record after an AI system has been routed near an Annex III high-risk use case and you need to test whether the task may be narrow, procedural, preparatory, post-human improvement, or pattern detection without material decision influence.

Profiling is a serious escalation signal for Article 6(3) filter review. If the system profiles natural persons, do not rely on a filter rationale without legal and privacy review, vendor documentation, and a clear record of the system's intended purpose and actual workflow.

Providers should retain the Article 6(4) assessment, intended purpose, Annex III area, task rationale, profiling and material-influence analysis, evidence reviewed, reviewer and date, plus Article 49(2) registration evidence. Deployers should retain the use-case record and the provider evidence request and response.

The High-Risk Classification Router identifies whether an AI system should be reviewed through Annex I, Annex III, or the Article 6(3) filter path. This page is the next record-building step when the router result indicates possible Article 6(3) filter review.

This tool is designed to run the assessment logic in your browser. Do not enter confidential, personal, client-sensitive, privileged, trade-secret, employee, patient, credential, or production data. Use working names, internal IDs, or redacted summaries for internal review.

Source basis: Regulation (EU) 2024/1689 Article 6(3) and 6(4), Article 49(2), and European Commission draft high-risk classification guidelines published on 19 May 2026. The consultation closes 23 July 2026 and the examples remain draft and non-exhaustive. Last reviewed: 23 June 2026. Use qualified legal, privacy, security, or sector counsel for final decisions.