European Union (EU-wide) - Tier B · Contained · Question to EIOPA
Posted: Sun Oct 11, 2026 10:38 am
Fijishi Jurisdiction Index 2026 · Entry EU · Published 12 October 2026
At a glance
1. The rules in European Union (EU-wide)
The EU AI Act classes AI used for risk assessment and pricing of natural persons in life and health insurance as high-risk. Regulation (EU) 2026/1744 of 8 July 2026 moved the date from which the high-risk requirements apply to these systems to 2 December 2027.
EIOPA's Opinion on AI governance and risk management (6 August 2025) says insurance law applies to all AI systems used in insurance, but that the Opinion itself does not cover high-risk AI systems under the AI Act.
Who these rules reach
This band describes how far the published record answers the question put to EIOPA. It is not a finding that EIOPA, or any firm it oversees, has fallen short of any rule.
Why the question goes to EIOPA: EIOPA is the EU body whose Opinion leaves these systems aside, and this entry relies on no single company's account.
The question
3. What the open question means for firms in European Union (EU-wide)
Until EIOPA answers, an EU insurer using AI to price or assess life or health cover for individuals has no published EIOPA statement on whether the Opinion's governance expectations apply to those systems before 2 December 2027. This entry gives no band to any firm.
4. What this entry does not establish
Sources
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Commercial relationship with any party named here: None · Right of reply: indexreport.protocol@fijishi.com; with the sender's agreement, replies are published in full below the entry, dated · Cite as: Fijishi Jurisdiction Index 2026, Entry EU · Corrections: none.
At a glance
| Jurisdiction tier | Tier B - Specified; enforcement stated, not yet live. AI is specified as for Tier A, and a mechanism to check or sanction it has been stated but is not yet shown to be live. |
| Question to | EIOPA - AI in life and health insurance pricing before the high-risk rules apply |
| Band for this question | Contained |
| Rules reach | Insurers: directly · Reinsurers: not stated · Intermediaries: not stated |
| Last verified | [actual date of the launch-window check] |
The EU AI Act classes AI used for risk assessment and pricing of natural persons in life and health insurance as high-risk. Regulation (EU) 2026/1744 of 8 July 2026 moved the date from which the high-risk requirements apply to these systems to 2 December 2027.
EIOPA's Opinion on AI governance and risk management (6 August 2025) says insurance law applies to all AI systems used in insurance, but that the Opinion itself does not cover high-risk AI systems under the AI Act.
Who these rules reach
- Insurers: directly, where an insurer provides or deploys a system within Annex III, point 5(c) of the AI Act: "AI systems intended to be used for risk assessment and pricing in relation to natural persons in the case of life and health insurance". Read on a secondary host.
- Reinsurers: not stated. The point concerns risk assessment and pricing in relation to natural persons.
- Intermediaries: not stated.
This band describes how far the published record answers the question put to EIOPA. It is not a finding that EIOPA, or any firm it oversees, has fallen short of any rule.
Why the question goes to EIOPA: EIOPA is the EU body whose Opinion leaves these systems aside, and this entry relies on no single company's account.
The question
In briefEIOPA's Opinion on AI governance and risk management of 6 August 2025 names AI used for risk assessment and pricing of natural persons in life and health insurance as high-risk under the AI Act (paragraph 2.4). It notes that insurance legislation such as the Insurance Distribution Directive and Solvency II applies to all AI systems used in insurance, but states that "to avoid regulatory complexities and overlaps this Opinion does not cover prohibited AI practices or high-risk AI systems under the AI Act" (paragraph 2.6). Regulation (EU) 2026/1744 of 8 July 2026 has since moved the application of the AI Act's high-risk requirements for Annex III systems to 2 December 2027 (Article 113 as amended; recital 40). Until that date, does EIOPA expect national supervisors to apply the Opinion's AI governance expectations to life and health pricing and underwriting AI? Or are those systems governed only by existing sectoral legislation, without either the Opinion or the AI Act's high-risk requirements?
Why this band: No company's own account was tested at EU level, so the question rests on EIOPA's and the EU's own published instruments.EIOPA's AI Opinion steps aside for high-risk AI in order to avoid overlap with the AI Act, while noting that existing insurance law applies to all AI systems. But the AI Act's high-risk rules for life and health pricing now apply only from 2 December 2027. EIOPA's published material does not say whether its Opinion covers those systems in the meantime.
3. What the open question means for firms in European Union (EU-wide)
Until EIOPA answers, an EU insurer using AI to price or assess life or health cover for individuals has no published EIOPA statement on whether the Opinion's governance expectations apply to those systems before 2 December 2027. This entry gives no band to any firm.
4. What this entry does not establish
- Whether, before 2 December 2027, any of these systems is yet classed as high-risk under the Act. The amending text implies not, but the Act's own chapter headings were not read.
- Whether EIOPA has said anything on the interim period outside its published material.
- The wording of Annex III, point 5(c) above was read on a secondary host, not on EUR-Lex.
- 2 December 2026: the grace period for Article 50(2) marking ends.
- 2 December 2027: the AI Act's high-risk requirements apply to these systems.
Sources
- EIOPA, Opinion on AI Governance and Risk Management, EIOPA-BoS-25-360, 06 August 2025 (printed). EU authority. eiopa.europa.eu PDF
- Regulation (EU) 2026/1744 of 8 July 2026, Official Journal of the EU, 24 July 2026 (printed). EU law. EUR-Lex
- European Commission, FAQ on transparency obligations under Article 50 of the AI Act, last updated 24 July 2026 (printed). EU law (Commission guidance). digital-strategy.ec.europa.eu
- EIOPA, Report on the digitalisation of the European insurance sector, 30 April 2024 (printed) eiopa.europa.eu, and GenAI survey release, 2 February 2026 (printed). EU authority. eiopa.europa.eu
- Regulation (EU) 2024/1689 (AI Act), Annex III, point 5(c), read on a secondary host. EU law. artificialintelligenceact.eu
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Commercial relationship with any party named here: None · Right of reply: indexreport.protocol@fijishi.com; with the sender's agreement, replies are published in full below the entry, dated · Cite as: Fijishi Jurisdiction Index 2026, Entry EU · Corrections: none.