On 9 November 2026 public feedback closed on a draft Commission implementing regulation under Articles 75c and 75d of the EU AI Act. PolicySpeak records 26 submissions, and the Commission plans to adopt the text in the fourth quarter of 2026.
Whose AI is in scope
The Digital Omnibus on AI, published in July 2026, inserted Articles 75a to 75d. These give the Commission exclusive power to supervise two groups:
- AI systems based on general-purpose AI models, where the same provider or group develops both the model and the system;
- AI systems that are, or are built into, very large online platforms or search engines designated under the Digital Services Act.
In practice this means AI features inside the largest search, social, video and marketplace services now answer directly to Brussels. Under Article 99, fines can reach €35 million or 7% of worldwide turnover for prohibited practices, and €15 million or 3% for most other breaches. Periodic penalty payments of up to 5% of average daily turnover are also possible.
What the draft says
According to PPC Land's analysis of the draft (Ares(2026)9589403):
- Access to the file only begins after preliminary findings. Unredacted documents go only to named external counsel, economists and technical experts, who face a three-year restriction on later joining the company under investigation or a competitor.
- Business secrets are protected, but the Commission can disclose material after giving one week's notice.
- The limitation period. The five-year period for imposing fines starts only when the non-compliance ends. Six kinds of investigative step, including information requests and inspections, restart the clock, subject to an outer limit of 10 years.
- Unlike the equivalent rules for model providers, the draft sets no minimum period for replying to preliminary findings.
Enforcement is under way
The AI Office's enforcement powers over general-purpose models began on 2 August 2026. Executive Vice-President Henna Virkkunen said in October that it had sent its first formal requests for information to providers of the most advanced models.
Why it matters financially
The draft sets the procedure behind the AI Act's largest fines, up to 7% of worldwide turnover. Because the clock restarts with each investigative step, past conduct by platform AI features could stay exposed for up to a decade. Third parties that supply evidence, such as advertisers, publishers and rival developers, may find their commercial data seen by a platform's outside advisers.