AI Literacy under Article 4 of the EU AI Act: Duty, Proof, Training

AI literacy has been mandatory since 2 February 2025: Article 4 of the EU AI Act (Regulation (EU) 2024/1689) requires providers and deployers of AI systems to enable their staff to work competently with artificial intelligence. A certificate is expressly not required. National enforcement begins on 2 August 2026.

As of 4 July 2026. This article is general information and not legal advice.

What is AI literacy under Article 4?

AI literacy is a legally defined requirement, not a marketing term. Article 3(56) of Regulation (EU) 2024/1689 defines it, word for word, as:

“the skills, knowledge and understanding that make it possible … to deploy AI systems competently and to become aware of the opportunities and risks of AI and of the possible harm … it can cause.”

Article 4 requires providers and deployers to ensure, “to their best extent”, a sufficient level of AI literacy among their staff. The benchmark is context-dependent: it follows from the technical knowledge, experience and deployment context of the people concerned. A tax office that uses ChatGPT to draft text therefore needs less depth than a company operating its own high-risk AI system. The obligation has applied since 2 February 2025 (Article 113(a) of the Regulation).

Is an AI certificate mandatory?

No. A certificate is not required by law. The European Commission makes this unmistakably clear in its official Q&A on AI literacy:

“There is no need for a certificate. Organisations can keep an internal record of trainings and/or other guiding initiatives.” (European Commission, AI Literacy Questions & Answers)

In plain terms: an internal record of the training sessions is enough. Anyone selling you a certificate as a legal requirement is arguing loosely. A structured record still makes sense – not because the law demands it, but because it delivers exactly the internal documentation the Commission recommends: auditable, dated and with no extra effort. That is precisely what a practical AI-literacy certificate is designed for.

Which fines really apply?

The often-quoted EUR 35 million does not apply to a lack of AI literacy. Article 99 of the EU AI Act tiers the fines clearly:

• EUR 35 million or 7% of worldwide annual turnover – exclusively for prohibited practices under Article 5.
• EUR 15 million or 3% – for breaches of certain other obligations (including Art. 16, 22, 23, 24, 26, 31, 33, 34 and 50).
• There is no separate fine category for Article 4. Penalties for breaches of the AI-literacy obligation are set nationally by the member states (Article 99(1)).

For small and medium-sized enterprises, the lower of the two amounts applies in each case (Article 99(6)). The widespread “35-million panic” over a missing staff training is therefore factually wrong – the sober legal position is the credible one.

What changes on 2 August 2026?

On 2 August 2026, national market surveillance begins. The European Commission states that the authorities “will start supervising and enforcing the rules as of 2 August 2026”. From that date, Article 4 is actively supervised: the literacy obligation has applied since February 2025, but only now does it gain an enforcing authority. The timeline at a glance:

Date	What applies or happens
2 Feb 2025	Article 4 (AI literacy) applies – for providers and deployers (Art. 113(a))
2 Aug 2025	Rules for general-purpose AI models and the penalty framework apply (Art. 113)
2 Aug 2026	National market surveillance begins, with oversight and enforcement
planned: 2 Dec 2026	Labelling of AI-generated content (deferred by the Digital Omnibus, not yet in force)
planned: 2 Dec 2027	High-risk obligations for stand-alone systems, Annex III (deferred, not yet in force)
planned: 2 Aug 2028	High-risk obligations for systems embedded in products (deferred, not yet in force)

The dates given for December 2026 and later depend on the Digital Omnibus, which is not yet in force on 4 July 2026 (see the next section).

What does the Digital Omnibus change?

The Digital Omnibus is an adopted amending regulation that softens the AI Act in several places. The European Parliament approved it on 16 June 2026 and the Council on 29 June 2026. However, it is still awaiting publication in the Official Journal and is not in force on 4 July 2026.

Among the measures adopted: the high-risk obligations are deferred to 2 December 2027 (stand-alone systems under Annex III) and 2 August 2028 (systems embedded in products); the labelling of AI-generated content to 2 December 2026. Article 4 is also expected to be softened. Crucially: as of July 2026, Article 4 applies unchanged; an amendment that has been adopted but has not yet entered into force is likely to soften the obligation. The final wording is not yet available on EUR-Lex.

In Germany, the Bundestag (the federal parliament) passed the AI Implementation Act (KI-Durchführungsgesetz) on 11 June 2026; the decision of the Bundesrat (Germany’s upper chamber, representing the federal states) is pending for 10 July 2026 (as of July 2026). The Federal Network Agency (Bundesnetzagentur), Germany’s federal regulator, is designated as the central market surveillance authority (with BaFin, Germany’s financial supervisor, for the financial sector), together with a coordination and competence unit (KoKIVO).

How do companies document AI literacy?

The pragmatic route follows the Commission’s recommendation exactly: a traceable internal record of the training. In four steps:

1. Take stock: who works with which AI systems, and in what deployment context?
2. Train according to the role: basics for all staff, more depth for people with higher risk or responsibility.
3. Dated proof: record attendance, content and date – a dated certificate meets this with no extra effort.
4. Keep it current: retrain when tools, roles or the legal position change.

A digital programme covers this efficiently. The AI-literacy certificate in roughly 90 minutes teaches the basics from EUR 9.90 per employee and delivers a QR-verifiable, dated record for exactly this internal documentation. For larger teams that need roles and deeper content, structured EU AI Act training for teams is a good fit.

Frequently asked questions (FAQ)

Is AI literacy under Article 4 mandatory?

Yes. Article 4 of the EU AI Act has applied since 2 February 2025 and requires providers and deployers of AI systems to ensure sufficient AI literacy among their staff.

Do I need a certificate to comply with Article 4?

No. According to the European Commission, an internal record of the training is enough. A certificate is voluntary but serves as practical, dated proof.

Do you face an EUR 35 million fine for missing training?

No. The maximum of EUR 35 million or 7% of turnover applies only to prohibited practices under Article 5. Article 4 has no separate fine category; penalties are set nationally by the member states.

What happens on 2 August 2026?

From 2 August 2026, national authorities begin supervising and enforcing the AI Act. The literacy obligation itself has applied since February 2025.

Does Article 4 also apply to small companies?

Yes, regardless of company size. The required scope is context-dependent, however; for SMEs, the lower amount always applies to fines (Article 99(6)).

Does the Digital Omnibus change the obligation?

Probably yes – the adopted amending regulation is likely to soften Article 4. As of 4 July 2026, however, it is not yet in force, so Article 4 applies unchanged.

How do I prove AI literacy?

Through an internal record of the training, including content and date. A QR-verifiable certificate bundles this proof, verifiably, in one place.

Does the obligation apply in Germany even though the AI Implementation Act is not yet in force?

Yes. The EU AI Act is a directly applicable regulation and has applied since 2 February 2025. The national AI Implementation Act mainly governs responsibilities and enforcement; the Bundesrat decides on 10 July 2026.

Sources

• Regulation (EU) 2024/1689 (EU AI Act), Art. 3(56), Art. 4, Art. 5, Art. 99, Art. 113 – eur-lex.europa.eu
• European Commission, AI Literacy – Questions & Answers – digital-strategy.ec.europa.eu
• European Parliament, Legislative Train – Digital Omnibus on AI – europarl.europa.eu
• German Bundestag, AI Implementation Act (resolution, week 24/2026) – bundestag.de
• Bundesrat, agenda 10 July 2026 – bundesrat.de
• Bundesnetzagentur, AI market surveillance – bundesnetzagentur.de

Disclaimer: This article is general information and not legal advice. Legal status: 4 July 2026.