Several use cases listed in Annex III AI Act refer to the intended use of an AI system to directly or indirectly evaluate ‘naturalpersons’in relation to the specific use case outside the cases prohibited by Article 5(1)(c) AI Act. To determine whether an AI system is intended to be used in such a manner, the provider must assess whether such use is within the intended uses of the system , irrespective of whether the application of the system to natural persons is the sole purpose of the system or only one among several purposes.
A ‘natural person’ is distinct from a legal person. The notion of ‘natural person’ also includes,but is not restricted to , consumers. Sole traders , independent professions and other self-employed persons are also considered natural persons in relation to the commercial activity undertaken by those persons . This includes, for example natural persons acting in a professional capacity (consultants, designers, journalists)1.
Example: A provider develops an AI system which is intended to establish the credit score of an owner of a small business or a company, which is not a legal entity. Such a system is not intended to evaluate a ‘natural person’ when it uses only business or company data.
The explicit mention of ‘natural persons’ in certain use cases listed in Annex III AI Act means that an AI system that is intended to be used to evaluate or assess natural persons is in scope, irrespective if it is (also) used to assess legal persons or companies. In contrast, such AI systems that are only intended to be used to assess legal persons or companies, without intending to evaluate natural persons, are outside the scope of th ose use case s and therefore do not constitute high-risk AI systems.
Example: A provider develops an AI system to assess the creditworthiness of companies by evaluating their data, balance sheets and financial statements. So long as the system is not intended to be used to evaluate the personal finances of natural persons, its intended use will not qualify as the evaluation of ‘natural persons’ and it will therefore not be considered high-risk. In addition, also when the owner of a legal entity is assessed for creditworthiness backing a company loan, the owner does not fall under Point 5b), even though they are acting as a natural person, as the primary beneficiary of the credit is the company, not the individual.
- Para.216 of the Commission Guidelines on prohibited artificial intelligence practices established by Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Direct ives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act), Text with EEA relevance,(OJ L, 2024/1689, 12.7.2024).