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EU AI Act and GDPR: two distinct regulations that apply together
Updated: September 2026 - Sources: CNIL, European Commission
The EU AI Act does not replace the GDPR. Both texts coexist and apply simultaneously when an AI system processes personal data - which is the case for the vast majority of enterprise AI systems.
A common misconception: some companies think their GDPR compliance covers them for the EU AI Act. This is not the case. The two regulations have different objects, different authorities, different documents and different penalties. They can apply cumulatively, but Article 99(8) of the EU AI Act prevents double penalties for the same violation.
1. Fundamental differences
- GDPR: protects individuals' personal data
- EU AI Act: regulates AI systems by risk level
- An AI system may not process personal data and still be subject to the EU AI Act
- Data processing without an AI component is subject only to the GDPR
2. Common points
- Transparency towards data subjects
- Impact assessment (DPIA/FRIA)
- Documentation and accountability
- Right to explanation of automated decisions (Article 22 GDPR / Article 13 EU AI Act)
- Human oversight of important decisions
| RGPD | EU AI Act |
|---|
| Object | Personal data | AI systems |
| Trigger | Processing personal data | Deploying an AI system in the EU |
| Max fine | 20M EUR ou 4% CA | 35M EUR ou 7% CA |
| FR authority | CNIL | CNIL (depuis fev. 2026) |
| Key document | Registre des traitements | Documentation technique Annexe IV |
3. The role of the CNIL
In France, the CNIL was designated as the national competent authority for the EU AI Act in February 2026 by decree. It is therefore the supervisory authority for both the GDPR and the EU AI Act. The CNIL published guidelines in March 2026 on the relationship between the two texts, clarifying in particular:
- The possibility of merging risk assessments (DPIA and FRIA)
- The integration of EU AI Act transparency obligations into GDPR information notices
- The coordination of incident notifications between the two frameworks
4. Managing dual compliance effectively
- Extend the GDPR processing register to include AI systems
- Merge DPIA and FRIA where possible
- Coordinate DPO and AI compliance officer
- Train teams on both texts simultaneously