EXIN / Resources / AI Regulation in 2026: Enforcement and Division

AI Regulation in 2026: Enforcement and Division

In 2026, the world of AI regulation has changed. The era of voluntary guidelines (“soft law”) is over. Now, companies face strict laws and a fragmented global system. Compliance is no longer just about looking good; it is about staying in business.

AI regulation 2026 Authored by: Jorge Carrillo – Trainer and Privacy Engineer

Unfortunately, there is no single global rulebook for AI. Instead, the world is split:

  • The EU: Focuses on centralised product safety.
  • The US: Divided between federal goals for dominance and state-level protections.
  • China: Integrates AI governance directly into national security.

The most important date for the EU this year is August 2, 2026. On this day, the EU AI Act fully applies to “high-risk” AI systems.

  • Implications of the AI Act: Companies must provide detailed technical documentation and pass safety checks (conformity assessments).
  • Barriers to the AI Act: While many organisations have started preparing for compliance, implementation is still underway. At the same time, limited assessment capacity may create delays for some high-risk AI systems entering the EU market
  • The classification of “high-risk” is the central pivot of the AI Act. Professionals must conduct a rigorous, defensible inventory of their systems against the requirements of Annexe III. In 2026, the following categories are of particular concern for the private sector:
Annexe III Category Specific Use Case Operational Implication in 2026
Biometrics Remote biometric identification (RBI); Biometric categorisation; Emotion recognition. Strict Scrutiny: Emotion recognition in the workplace/education is prohibited (Article 5) but allowed elsewhere with high-risk compliance. RBI requires third-party conformity assessment.
Critical Infrastructure Safety components in road traffic, water, gas, heating, and electricity. Safety Integration: Must integrate AI Act compliance with sector-specific safety laws (e.g., machinery regulation).
Education & Training Determining access/admission; Evaluating learning outcomes; Proctoring tests. Bias Audit: Algorithms used by EdTech platforms must be audited for bias against protected groups. This impacts universities and corporate training platforms.
Employment & HR Recruitment (CV scanning); Task allocation; Performance monitoring; Promotion/termination. HR Transformation: Every automated hiring tool is high-risk. Deployers (employers) must ensure human oversight and transparency for workers.
Essential Services Credit scoring; Risk assessment for life/health insurance; Emergency dispatch. Financial Governance: Banks and insurers must validate models for fairness. This overlaps with existing financial regulation but adds specific AI governance requirements.
Law Enforcement Individual risk assessment; Polygraphs; Evidence evaluation. Public Sector Focus: High scrutiny on procurement. Police forces must conduct Fundamental Rights Impact Assessments (FRIAs).

The EU rules apply to anyone selling in Europe, regardless of where they are based. In contrast, the US is pushing for AI dominance, with a late-2025 Executive Order penalising states that create rules that slow American AI progress.

Bottom Line

2026 is not a year to “wait and see.” Penalties are severe, and enforcement is live. Organisations must act immediately to navigate these conflicting laws or risk being shut out of major markets.

 

Jorge Carrillo - EXIN Ambassador

Jorge Carrillo
Cybersecurity Lead | AI Ethics Advisor | Global Speaker

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