Aware that SMEs and startups are the engine of European AI innovation, the legislator has included support measures and accommodations in the AI Act. However, these exemptions have their limits. Let's take stock.
The AI Act recognizes SME challenges
The regulation explicitly mentions the need to support small and medium enterprises, startups and researchers in their compliance efforts. The goal is to foster innovation while ensuring citizen protection.
Several mechanisms are planned to facilitate adoption of the regulation by smaller structures.
SMEs are not exempt from the AI Act. They benefit from accommodations but remain subject to fundamental obligations, especially for high-risk systems.
SME definition in the AI Act
The AI Act uses the standard European SME definition:
| Category | Headcount | Turnover or balance sheet |
|---|---|---|
| Micro-enterprise | < 10 persons | ≤ EUR 2M |
| Small enterprise | < 50 persons | ≤ EUR 10M |
| Medium enterprise | < 250 persons | ≤ EUR 50M |
Planned support measures
Here are the main accommodations SMEs benefit from:
SMEs can use simplified forms for technical documentation, reducing administrative burden.
Priority access to supervised test environments by authorities to experiment in real conditions.
Possibility of benefiting from additional deadlines for certain compliance requirements.
Reduction in conformity assessment fees by notified bodies.
Exemption limits
It is crucial to understand that these accommodations do not constitute a total exemption:
- Substantive obligations (safety, fundamental rights) remain identical
- High-risk systems are subject to the same requirements regardless of company size
- Prohibited practices (Article 5) apply to everyone without exception
If you develop an AI system for a large company or public administration, the deployer's obligations may impact your own compliance requirements.
Available resources
Several resources are available to SMEs to facilitate their compliance:
AI sandboxes
Supervised test environments in each Member State.
Free training
Training programs funded by the EU and States.
Practical guides
Official simplified documentation for SMEs.
Our recommendations
To make the most of the planned accommodations, we recommend:
- Verify your SME status eligibility according to European criteria
- Identify available regulatory sandboxes in your country
- Anticipate your compliance needs even with extended deadlines
- Document your AI systems now using simplified forms
Assess your situation
Our tool identifies SME accommodations applicable to your case.
Start free auditThe AI Act offers a more flexible framework for SMEs, but this does not exempt you from seriously preparing for compliance. By anticipating now, you can fully benefit from support measures and avoid unpleasant surprises as deadlines approach.
