Testamur.
Regulation (EU)2024/1689 Article 4AI literacy Amended byReg (EU) 2026/1744 In force 27.07.2026
Article 4, showing the July 2026 amendment

Providers and deployers of AI systems shall take measures to ensure, to their best extent, a sufficient level of support the development of AI literacy among their staff and other persons dealing with the operation and use of AI systems on their behalf.

Struck text: original wording, applicable 2 Feb 2025 to 26 Jul 2026.

The standard got softer. The evidence problem got worse.

Read the change as a regulator would. When the obligation is one of effort rather than result, there is no outcome standard left to point at. The record of what you did becomes the only thing anyone can assess.

Check whether it applies to you or read what the obligation requires
2 Feb 2025
Article 4 begins to apply. The duty is live from this date, not from 2026.
2 Aug 2025
Penalties chapter applies. Article 4 is absent from the Article 99(4) fine tiers, so member states set their own.
27 Jul 2026
Digital Omnibus rewrites Article 4. Softened to an obligation of effort, not repealed.
2 Aug 2026
National market surveillance authorities begin supervising and enforcing.
2 Dec 2027
Annex III high-risk obligations, deferred by the Omnibus from August 2026.
The obligationArt. 4

What Article 4 says now

Providers and deployers of AI systems must take measures to support the development of AI literacy among their staff and other people operating AI systems on their behalf, taking account of their skills, experience, education, and the context the systems are used in.

Regulation (EU) 2026/1744 replaced Article 4 in full on 27 July 2026. The redline at the top of this page is the whole of the change. What it does to your position is larger than the edit looks:

Until 27 July 2026From 27 July 2026
Implied a standard to be reachedExplicitly does not require you to guarantee any specific level of AI literacy of any individual
Obligation of resultObligation of effort

The duty was not repealed, and this was not automatic. The Commission's original proposal would have weakened Article 4 much further. The European Data Protection Board and the European Data Protection Supervisor advised against it, and the final text keeps a direct, binding duty on providers and deployers. A second paragraph now tasks the Commission and member states with helping organizations meet it, with particular regard to smaller companies.

Three features catch people out. It applies regardless of risk tier, so a finance team using a copilot is in scope just as much as a high-risk system is. It reaches contractors and anyone operating AI on your behalf, not only employees. And it remains explicitly proportionate to role and context, which means a single organization-wide briefing is thin for staff whose work is materially affected by AI output.

Territorial scopeArt. 2

Why a US company with no EU office can be in scope

The AI Act does not follow where you are established. It follows where your AI is used and where its output lands. Providers and deployers based outside the EU are bound where the output produced by their AI systems is used within the union.

In practice that catches a lot of American mid-market companies who assume this is somebody else's problem:

Common routes into scope

If this is trueThen
You have EU customers whose users receive AI-generated outputIn scope as a provider or deployer depending on your role
You employ anyone based in an EU member state, including remote staffThose people are staff for the purposes of the obligation
A partner embeds your AI output into a service sold in EuropeReach can be indirect and still count
You screen candidates, including EU applicants, with automated toolsIn scope, and additional obligations may apply on top

The corollary matters too. If none of these are true today, Article 4 does not apply to you today. One European client changes that, usually without anyone noticing.

The standardEffort, not result

Why an obligation of effort is harder, not easier

Most coverage of the Omnibus read the rewrite as a reprieve. Read it again as a regulator would. If the duty were to reach a standard, there would at least be a standard to argue about. Now the duty is to take measures. The only question anyone can ask is what measures you took, whether they were proportionate, and what proof exists that you took them.

Documentation is no longer part of your compliance position. It is the entire compliance position. Softening the standard raised the value of the record.

And the regulation still declines to define the shape of those measures. It mandates no curriculum, no certificate, and no examination. There is no approved course, no accreditation body, and no score to hit. You design the approach, and you carry the burden of explaining why it was reasonable for an organization like yours.

Two things are worth stating plainly, because vendors in this space often blur them. There is no legal obligation to measure your employees' AI literacy, and since July 2026 there is no obligation to guarantee any individual reaches a particular level. Measurement is not the requirement. It is simply the strongest available evidence that the measures you took were proportionate, that they were aimed at the right gaps, and that something changed.

PenaltiesArt. 99

What the fines actually are, which is not what you have been told

You will find vendors, and some law firm marketing, asserting that Article 4 carries exposure of up to 15 million euro or 3 percent of worldwide turnover. Read the statute.

Article 99(4) sets that tier for an enumerated list of provisions: provider obligations under Article 16, authorised representatives under Article 22, importers under Article 23, distributors under Article 24, deployer obligations under Article 26, notified bodies under Articles 31, 33 and 34, and transparency under Article 50.

Article 4 is not on that list. There is no dedicated EU-level penalty tier attached to the AI literacy duty.

So what is the actual exposure

MechanismWhat it means for you
National penalty regimesMember states must lay down their own effective, proportionate and dissuasive penalties and designate competent authorities. Exposure varies by country rather than being set centrally.
Aggravating factorRegulators have signalled that Article 4 is unlikely to be enforced in isolation, but that a literacy gap can weigh in the assessment of other breaches. Irish regulators have said as much publicly.
Proportionality in any investigationA dated, maintained record is what separates a good-faith outcome from a maximal one when something else goes wrong.
Commercial frictionThe cost most organizations actually meet first. Customer security reviews, vendor questionnaires and RFPs now ask about AI governance, and there is no regulator involved in losing that deal.

We would rather tell you this than sell you a number. If a supplier is quoting you a headline fine for Article 4 specifically, ask them which subsection of Article 99 they are reading.

MisreadingsSix common

What organizations get wrong

“The Digital Omnibus killed the literacy requirement.”
It did not. The Commission proposed weakening it substantially. The EDPB and EDPS objected, and the final text keeps a direct, binding duty on every provider and deployer. What changed is the standard, from ensuring a level to supporting its development. The Omnibus deferred the high-risk obligations. It did not defer this one.
“An obligation of effort means we can do less.”
It means the opposite. An obligation of effort can only be assessed on the record of the effort. There is no outcome standard left to point at, so what you can show about the measures you took is all there is.
“We have until August 2026.”
No. The obligation has applied since February 2025. What began in August 2026 is supervision and enforcement, not the duty itself.
“There must be a required certification.”
There is not. No curriculum, certificate, or exam is mandated, and since July 2026 you are explicitly not required to guarantee any individual reaches a particular level. Any vendor selling you a compulsory accreditation is selling you something the regulation does not ask for.
“We sent an all-hands email about AI.”
Thin. A single generic communication is unlikely to amount to a proportionate, role-based effort, and it produces almost no evidence.
“It only applies to our employees.”
Wider. The obligation explicitly reaches other people operating AI on your behalf, including contractors and temporary staff.
“Enforcement of Article 4 alone is unlikely, so we can wait.”
Half right, and the wrong half. Standalone enforcement will be uncommon and there is no dedicated penalty tier. But a literacy gap sits in the file alongside any other investigation as an aggravating factor, and in practice most organizations meet the cost commercially first, in a customer security review, long before any regulator is involved.
EvidenceWhat holds up

What you would actually have to produce

Under an obligation of effort the question is not whether your people are literate enough. It is whether you can show what measures you took, why they were proportionate to your organization, and what evidence exists that they were aimed at real gaps. Most organizations have a partial answer to the first. Very few have anything for the third.

Weak positionDefensible position
Training was made available to anyone who wanted itTraining assigned by role, based on how each team actually uses AI
Completion records scattered across an LMS, Slack, and inboxesOne record: who, what, when, mapped to role
Completion rates reported as the outcomeA measured baseline showing what people understood before and after
Nobody named as accountableA named owner, with the reasoning behind the chosen standard written down
Done once, at rolloutRe-measured as AI use in the organization changes

The gap between the two columns is not usually effort. It is that most organizations bought training and assumed the evidence came with it. Under the amended Article 4, the evidence is the part that counts.

Eight questions. An honest answer about where you stand.

Find out whether Article 4 applies to your organization and what your current evidence position would look like if someone asked. Takes about three minutes.