AI regulation in Belgium: laws & policy (2026)
AI in Belgium: comprehensive law.
Belgium is governed primarily by the directly-applicable EU AI Act, whose obligations are phasing in (prohibitions and AI-literacy duties since 2 February 2025; general-purpose AI, governance and penalty rules since 2 August 2025; and the bulk of high-risk-system obligations applying from 2 August 2026). Under the January 2025 Federal Government Declaration and the 2025–2029 coalition agreement, BIPT is designated as the lead market-surveillance authority for the AI Act, alongside a granular list of sectoral authorities for Article 77 fundamental-rights supervision, though Belgium missed the 2 August 2025 governance deadline and formal designation is still being finalised. National-level activity is supplemented by the APD/GBA's September 2024 guidelines on AI and the GDPR, regional AI strategies (Flanders, Wallonia, Brussels/Innoviris) and the federal AI convergence plan.
Legal framework
EU Artificial Intelligence Act (Regulation (EU) 2024/1689), directly applicable in Belgium, with the Belgian Institute for Postal Services and Telecommunications (BIPT) designated as the main national competent authority and the FPS Economy coordinating implementation. The Belgian Data Protection Authority (APD/GBA) supervises AI systems processing personal data under the GDPR.
The EU AI Act in Belgium
In Belgium, artificial intelligence is governed by the EU AI Act, the first comprehensive AI law, which applies directly as an EU regulation.
- Framework
- the EU AI Act (Regulation (EU) 2024/1689)
- Approach
- risk-based: unacceptable-risk AI is banned, high-risk AI faces strict duties, limited-risk AI has transparency rules
- General-purpose AI
- transparency duties for all GPAI models; systemic-risk models add safety and evaluation obligations
- Timeline
- phased: prohibitions from Feb 2025, GPAI rules from Aug 2025, most high-risk obligations from Aug 2026
- Maximum fine
- €35 million or 7% of global annual turnover for prohibited-AI breaches
- Oversight
- national market-surveillance authorities, coordinated by the EU AI Office
The AI Act is an EU regulation applied directly in Belgium; national market-surveillance authorities handle enforcement.
Key points: artificial intelligence in Belgium
EU AI Act is the primary framework
Regulation (EU) 2024/1689 applies directly in Belgium. Prohibited AI practices and the AI-literacy obligation applied from 2 February 2025; rules on general-purpose AI models, governance and penalties from 2 August 2025; and the main high-risk system obligations from 2 August 2026.
BIPT designated as lead national authority
The Government Declaration of 31 January 2025 and the 2025–2029 federal coalition agreement designate the Belgian Institute for Postal Services and Telecommunications (BIPT/IBPT) as the main AI Act market-surveillance authority, with the FPS Economy coordinating overall implementation. Belgium missed the 2 August 2025 governance deadline and formal designation procedures are still being completed.
Sectoral supervision under Article 77
Belgian DPA guidance on AI and GDPR
On 19 September 2024 the Belgian Data Protection Authority (APD/GBA) published guidelines explaining how the GDPR interacts with the AI Act, covering lawful basis, DPIAs, privacy-by-design and the role of DPOs when AI systems process personal data. The APD has also issued an information brochure on AI and privacy for citizens.
National and regional AI strategies
Belgium's national AI convergence plan ("SmartAI.Nation") emphasises trustworthy and human-centric AI; it is supplemented by regional programmes — Flanders (~EUR 32m/year), Wallonia (DigitalWallonia4.ai and ARIAC research programme) and Brussels (Innoviris, ~EUR 22m dedicated to AI) — plus a joint federal data-and-AI strategy for public health.
Penalties and enforcement
The AI Act itself sets administrative fines of up to EUR 35 million or 7% of worldwide annual turnover for prohibited-practice breaches, and up to EUR 15 million or 3% for other high-risk violations. Belgium is still in the process of adopting national implementing legislation on penalties, competent-authority powers and procedural rules; enforcement capacity through BIPT and sectoral authorities is maturing during 2026.
The EU AI Act in Belgium: FAQ
Does the EU AI Act apply in Belgium?
Yes. As an EU member, Belgium is covered by the EU AI Act (Regulation (EU) 2024/1689), which applies directly.
What does the EU AI Act regulate in Belgium?
It uses a risk-based approach: unacceptable-risk AI is banned, high-risk AI faces strict obligations, and general-purpose AI models carry transparency duties.
When does the EU AI Act take effect in Belgium?
It is phased: prohibitions applied from February 2025, general-purpose-AI rules from August 2025, and most high-risk obligations from August 2026.
What are the penalties under the EU AI Act in Belgium?
Up to €35 million or 7% of global annual turnover for breaching the prohibited-AI rules, with lower tiers for other breaches.
Timeline of decisions
- Guidance · officialBelgian DPA launches 'AI & Data Protection' public-awareness series
The Data Protection Authority published a 15-page citizen-facing brochure on AI's impact on privacy, the first in a new series explaining data rights when interacting with chatbots, apps and connected devices. It signals the DPA positioning itself as a key AI supervisor alongside GDPR enforcement.
Belgian Data Protection Authority (APD/GBA)
- Law · officialGPAI obligations apply; Belgium misses full governance-designation deadline
EU AI Act rules on general-purpose AI models and the 2 August 2025 deadline for member states to fully designate and empower national competent authorities took effect, but Belgium had not completed its full institutional designation by that date.
European Commission
- Decision · officialBIPT designated as Belgium's main AI Act regulator
The federal Government Declaration named the Belgian Institute for Postal Services and Telecommunications (BIPT) as the principal market-surveillance authority for the AI Act, with the FPS Economy coordinating overall national implementation.
BIPT
- Guidance · officialBelgian DPA issues guidelines on AI systems and the GDPR
The Data Protection Authority published a brochure explaining how GDPR principles apply to AI systems and how the AI Act builds on them, the first substantive Belgian regulatory guidance bridging data protection and AI compliance.
Belgian Data Protection Authority (APD/GBA)
- Decision · officialOrientation Committee established to steer the AI convergence plan
A multi-stakeholder steering committee was set up to coordinate implementation of the National Convergence Plan across federal, regional and community levels, reflecting Belgium's fragmented multi-level AI governance.
FPS BOSA
- Guidance · officialNational Convergence Plan for AI approved by Council of Ministers
Belgium's federal roadmap to become a '#SmartAINation', structured around nine pillars including ethical and responsible AI, was adopted to align disparate federal, regional and community AI initiatives.
FPS BOSA
- Guidance · officialAI4Belgium coalition publishes national AI strategy recommendations
The coalition's report set out recommendations on skills, responsible data sharing, innovation sandboxes and public-sector adoption, recommending at least €1 billion of AI investment by 2030 and shaping subsequent federal policy.
AI4Belgium
- Guidance · officialBelgium launches AI4Belgium national strategy coalition
The government-initiated AI4Belgium coalition was launched to connect academia, business and the public sector around trustworthy, human-centric AI, becoming the central ecosystem manager that has since grown past 500 members.
AI4Belgium
Sources
- digital-strategy.ec.europa.eu/en/policies/regulatory-framework-ai
- cms.law/en/int/expert-guides/ai-regulation-scanner/belgium
- nortonrosefulbright.com/en-be/knowledge/publications/a473a1c1/artificial-intelligence-regulat
- data-en-maatschappij.ai/en/publications/belgi%C3%AB-federaal-regeerakkoord-2025-2029
- alstonprivacy.com/belgian-data-protection-authority-publishes-guidance-on-the-interplay
- vbb.com/insights/belgian-dpa-guidelines-on-ai-systems-and-gdpr
- loyensloeff.com/insights/news--events/news/the-second-wave-of-ai-act-provisions-enter
- iapp.org/resources/article/eu-ai-act-regulatory-directory
- technologyslegaledge.com/2025/11/state-of-the-act-eu-ai-act-implementation-in-key-member-state
- ai-watch.ec.europa.eu/countries/belgium/belgium-ai-strategy-report_en
- oecd.org/content/dam/oecd/en/publications/reports/2025/10/progress-in-implemen
- cms.law/en/bel/legal-updates/there-are-around-2-000-ai-market-surveillance-au
- kpmg.com/be/en/home/insights/2024/12/txl-the-ai-act.html
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