EU AI Act vs GDPR: What's Different, What Overlaps
Side-by-side comparison of the EU AI Act and GDPR, covering scope, obligations, enforcement, and areas of overlap.
The EU AI Act and GDPR are complementary regulations. Both can apply simultaneously to AI systems that process personal data.
If your AI system processes personal data, you must comply with both regulations independently.
Side-by-Side Comparison
| Dimension | EU AI Act | GDPR |
|---|---|---|
| Scope | AI systems placed on the EU market or used in the EU | Processing of personal data of EU residents |
| Risk Approach | 4-tier risk classification (prohibited, high, limited, minimal) | Risk-based approach to data processing (DPIA for high risk) |
| Key Obligations | Risk management, documentation, transparency, human oversight, accuracy | Lawful basis, data minimization, purpose limitation, data subject rights |
| Maximum Fines | 35M EUR or 7% of global turnover | 20M EUR or 4% of global turnover |
| Enforcement | National market surveillance authorities + EU AI Office | National data protection authorities (DPAs) |
| Effective Date | Phased: February 2025 through August 2027 | May 25, 2018 (fully enforceable) |
Where They Overlap
Automated Decision-Making
GDPR Article 22 and AI Act Article 14 both push toward meaningful human involvement in consequential AI decisions.
Transparency Obligations
Both require transparency — GDPR about data processing, AI Act about system capabilities. Both apply simultaneously when personal data is involved.
Data Quality & Governance
Both require data accuracy. The AI Act adds requirements for bias detection and dataset documentation.
Key Differences
What Is Regulated
GDPR is data-centric (personal data processing). The AI Act is system-centric (AI systems as products).
Who Bears the Obligations
GDPR: data controllers and processors. AI Act: providers, deployers, importers, distributors. The roles do not map one-to-one.
Documentation Requirements
GDPR: ROPA and DPIA. AI Act: Annex IV technical documentation, conformity assessments, fundamental rights impact assessments. You need both.
Frequently Asked Questions
Related Guides
How Scanara Helps
Scanara automates EU AI Act compliance from code to dossier. Connect your GitHub repos and get compliance reports in minutes.