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Analysis

GPAI Obligations in 2026: What Every Company Using ChatGPT Must Know

By Lamar B. Shucrani — February 28, 2026 · 6 min read

If your product is built on GPT-4, Claude, Gemini, or any other foundation model — the EU AI Act has specific obligations that apply to you, not just to OpenAI or Anthropic.

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What is a GPAI Model?

Under Article 3(63) of the EU AI Act, a General Purpose AI (GPAI) model is an AI model trained on large amounts of data, designed to serve a variety of purposes, and which can be integrated into downstream systems or applications.

This explicitly includes: GPT-4, Claude, Gemini, Llama, Mistral, and any other large language model or multimodal foundation model used as a base layer in a product.

Who is Affected — Provider vs Deployer

GPAI Model Providers (OpenAI, Anthropic, Google...)

Subject to the full Chapter V obligations — technical documentation, copyright policy, transparency to downstream providers.

Downstream Deployers (you, if you build on a GPAI model)

Subject to Article 50 transparency obligations and potentially high-risk obligations if your use case falls under Annex III.

Article 53 — Obligations for GPAI Providers

→Maintain technical documentation covering training methodology, data used, compute resources
→Publish a sufficiently detailed summary of training data (copyright transparency)
→Comply with EU copyright law — specifically the Text and Data Mining exception
→Provide downstream providers with information needed for their own compliance
→Register in the EU AI Act database before market placement

Article 55 — Systemic Risk Models

GPAI models trained with more than 10²⁵ FLOPs are classified as systemic risk models (currently: GPT-4, Gemini Ultra, Claude 3 Opus, Llama 3 405B). Additional obligations apply:

→Adversarial testing and red-teaming before deployment
→Incident reporting to the European AI Office without undue delay (Art. 55(1)(c))
→Cybersecurity measures proportionate to systemic risk
→Energy consumption reporting

What Deployers Must Do in Practice

If you are building a product on a GPAI model, your obligations depend on your use case:

If your use case is NOT in Annex III

Article 50 applies — disclose to users that they are interacting with an AI system. For chatbots: clear disclosure at the start of each interaction.

If your use case IS in Annex III (HR, credit, healthcare...)

The full high-risk regime applies to your system — even if the underlying model is not itself high-risk. You are the provider of a high-risk AI system.

Timeline

August 2, 2025GPAI obligations entered into force
NowGPAI model providers must be compliant — documentation, copyright policy, downstream transparency
August 2, 2026Full enforcement — all high-risk system obligations apply to downstream deployers

Using a GPAI model in your product? The free Sprinkling Act diagnostic determines whether Article 50, Article 53, or the full high-risk regime applies to your system.

Free diagnostic — 9 questionsSee full report

Sources

  1. [1]
    EUR-Lex (July 12, 2024) — Regulation (EU) 2024/1689 — Artificial Intelligence Act (full text) eur-lex.europa.eu/eli
  2. [2]
    EU AI Act — Article 3 — Definitions (including GPAI model) artificialintelligenceact.eu/article
  3. [3]
    EU AI Act — Article 51 — Classification of General-Purpose AI Models as GPAI Models with Systemic Risk artificialintelligenceact.eu/article
  4. [4]
    EU AI Act — Article 53 — Obligations for Providers of General-Purpose AI Models artificialintelligenceact.eu/article
  5. [5]
    EU AI Act — Article 55 — Obligations for Providers of GPAI Models with Systemic Risk artificialintelligenceact.eu/article
  6. [6]
    EU AI Act — Article 50 — Transparency Obligations for Deployers artificialintelligenceact.eu/article
  7. [7]
    EU AI Act — Annex III — High-Risk AI Systems Referred to in Article 6(2) artificialintelligenceact.eu/annex
  8. [8]
    EU AI Act — Implementation Timeline artificialintelligenceact.eu/implementation-timeline
ALREADY ENFORCEABLE105 days

Art. 5 prohibitions and GPAI rules apply today. Transparency follows in 105 days. The question is not when — it’s whether you’ve documented your position.

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