WHAT IS THIS DECISION TREE – AND CAN I RELY ON IT?

This decision flow is designed to help you determine whether a system qualifies as an AI system under Article 3(1) of the AI Act (Regulation (EU) 2024/1689).

This classification is critical: if your system meets the definition of an AI system, it may trigger obligations under the AI Act for both you and your organization.

The logic behind this flow is built directly on Article 3(1) of the AI Act, and aligned - where possible - with the European Commission’s official guidelines on how to interpret the definition of an AI system (C(2025) 924 final), available at: https://digital-strategy.ec.europa.eu/en/library/commission-publishes-guidelines-ai-system-definition-facilitate-first-ai-acts-rules-application (the "Commission Guidelines").

The decision logic is implemented in a structured JSON format to ensure consistency and transparency in the reasoning process. We have made every effort to ensure that each relevant consideration from the AI Act and the Commission Guidelines is represented.

In some places, we have taken interpretive liberties to improve usability and clarity. These adjustments are intended to enhance user understanding, not to deviate from neither the AI Act nor the Commission Guidelines. Nevertheless, it is possible that we have misunderstood or oversimplified certain elements.

The decision tree prompts you to explain the reasoning behind your answers, enabling you to document any deviations from my interpretation. If you or your organization interpret the AI Act or the Commission Guidelines differently than we do, you are free to reflect this in your justification. This ensures that the final assessment remains aligned with your organization’s legal position.

WHY USE THIS DECISION TREE?

There are many ways to assess whether a system qualifies as an AI system. For simple systems, this flow may seem overly detailed. However, this structure is intentional.

By following the reasoning laid out in the Commission Guidelines, this flow promotes a deeper understanding of what an AI system actually is, including its sub-components. This structured thinking is essential as AI becomes increasingly embedded in digital products and services.

We believe that this tool can contribute meaningfully to the AI literacy training required under Article 4 of the AI Act, particularly for compliance teams and legal professionals.

Throughout the flow, users will receive explanations of key concepts before making decisions. Every decision must be justified. At the end of the flow, a PDF report is generated. This report serves as a record of your assessment and the time it was made. Should a supervisory authority request documentation, you will be able to present a structured, time-stamped explanation of your reasoning.

CONTACT AND LEGAL ADVICE

If you notice anything unclear or incorrect, please contact robertfrancisti@hotmail.com. All feedback is welcome and appreciated.

For the sake of good order: This decision tree is not legal advice. Please contact Frederik Kristensen (frkr@kromannreumert.com) if you need legal advice. This decision tree is not associated with Kromann Reumert.

VERSION

Version v.1 - this is currently in beta.