Lexora Regulatory Intelligence
EU AI Act: the Digital Omnibus moves high-risk deadlines to 2027 and 2028
The EU has amended its AI Act to delay most high-risk obligations. For Australian organisations with EU customers or operations, the timetable has changed, but several obligations have not.
- Published
- Jurisdiction
- European Union, International
- Subject
- EU AI Act (Regulation (EU) 2024/1689) as amended by Regulation (EU) 2026/1744
- Status
- Status: Law in force
Summary of the development
The European Union’s Digital Omnibus on AI, Regulation (EU) 2026/1744, entered into force on 27 July 2026, six days before the AI Act’s original deadline for high-risk systems. It postponed those obligations: standalone high-risk systems listed in Annex III now apply from 2 December 2027, and high-risk AI built into regulated products under Annex I from 2 August 2028.
The amendment did not remove any category of obligation. Rules that were already in effect, including the prohibited practices, the AI literacy requirement and the general-purpose AI model rules, continue to apply. The Article 50 transparency obligations kept their 2 August 2026 start, with a four-month grace period, to 2 December 2026, for providers whose content-generating systems were already on the market.
For most Australian organisations, the EU AI Act is a reference point rather than a direct obligation. It becomes directly relevant where you provide AI systems into the EU market or where your AI outputs are used there. Whether that is the case for you is a legal question for your adviser.
This article is general information, not legal advice. Lexora does not classify AI systems under the EU AI Act.
Key dates
- 27 July 2026Digital Omnibus on AI (Regulation (EU) 2026/1744) enters into force
- 2 December 2027Obligations for high-risk AI systems listed in Annex III apply
- 2 August 2028Obligations for high-risk AI in products covered by Annex I apply
Practical implications
- The EU AI Act is law, and the amending regulation is also in force. Only the timing of the high-risk obligations moved.
- Annex III high-risk uses, such as AI in employment, credit, education and biometrics, now apply from 2 December 2027 instead of 2 August 2026.
- The prohibitions and AI literacy requirements were not delayed. Article 50 transparency obligations kept their 2 August 2026 start, with a grace period to 2 December 2026 for marking AI-generated content from systems already on the market.
- The Act matters to Australian organisations mainly where they place AI systems on the EU market or their AI outputs are used in the EU.
Recommended actions
- Check whether any of your AI systems, or their outputs, reach people in the EU.
- If they do, ask your legal adviser whether any use could fall within Annex III, and plan to the new dates.
- Do not treat the delay as a pause. Transparency and AI literacy obligations already apply.
- For Australian-only operations, keep the National AI Centre's Guidance for AI Adoption as your primary reference.