The EU Leads the Way with Emotion AI Protections

How well do you want computers to know you?

Emotion AI makes it possible to algorithmically read, interpret and interact with human emotions. This relatively nascent field has the potential to transform the way we work with and even relate to our other technologies. But given the field’s trajectory in more recent years, it’s apparent that many of its promised benefits are being overshadowed by other more problematic uses and abuses.

Remote surveillance, predatory marketing, real-time persuasion loops, employee sentiment monitoring, autonomous social engineering and targeted social media persuasion are just some of the dehumanizing applications we’re starting to see. Moreover, there are many questions regarding how well emotion AI actually does what it claims.

One big reason for all of this is government policy and regulation around the world has been slow to recognize, assess and respond to emotion AI risks. Fortunately, this is beginning to change, hopefully for the better. In recent years, several countries and governments have begun drafting and implementing legislation that attempts to place better controls on these technologies in order to protect platform users, private citizens and society at large. Nowhere is this as evident as in the European Union, which has been at the forefront of information privacy protections and legislation for years now.

The EU AI Act is a legal framework for AI within the European Union that began coming into force on August 1, 2024. It serves as the world’s first comprehensive AI law, complementing the GDPR—General Data Protection Regulation— by banning harmful practices and strictly regulating high-risk AI-based systems. Different parts of the AI Act will be rolled out over the course of its first few years.

For the purposes of this framework, high-risk AI systems include those used for biometric identification, critical infrastructure, education, employment, access to essential services including credit scoring and insurance, law enforcement, migration asylum, and administration of justice. Emotion AI is particularly exposed to these regulations given how directly it interacts with users’ biometrics.

Beginning February 2025, a key set of provisions in the Act banned any emotion recognition of employees. This same protection was delayed for the public-facing side of the interactions, for instance in call centers. This was in part based on the rationale that customers could opt out where employees could not.

However, as of August 1, 2026, the rules for high-risk system will become much stricter. Additional restrictions will include conformity assessments, live risk management systems, human-in-the-loop oversight, and traceability and transparency. Violations may trigger fines of up to €35 million or 7% of annual worldwide turnover, whichever is higher.

Further complicating matters, some of the rules regarding high-risk systems may be delayed until late 2026 or 2027 because of ongoing pressure from the Trump Administration and several major high-tech companies. Decisions regarding these extensions are expected from the Council of the European Union by this June.

All of this points to the EU’s on-going commitment to protect the welfare of its citizens in the face of ongoing technological change. This will continue to be crucial in coming years as our devices and services become increasingly capable of understanding and responding to our needs. That’s something we’ll certainly see with the ongoing development of emotion AI.