The first AI Act obligations are in force. Nothing happened, and that is the point
Yesterday the prohibitions and the literacy duty began to apply. No inspector called. Here is what that actually means.
As of yesterday, 2 February 2025, the first binding provisions of the EU AI Act apply: the list of prohibited practices, and the obligation to ensure a sufficient level of AI literacy among staff who deal with AI systems.
No Swiss company received a letter. No authority appeared. That is entirely normal and it is worth understanding why, because the wrong conclusion from a quiet Monday is that none of it matters.
Why nothing visible happened
Two reasons. First, enforcement machinery lags obligations — national authorities are still being designated, and the penalty provisions phase in later. Second, and more importantly for you: these two obligations are not the kind that generate proactive inspections.
They surface reactively. In a dispute, a data protection complaint, a due diligence questionnaire from a larger customer, an insurance claim. Somebody asks what your rules were, and you either have a dated page or you do not.
What actually changed for a Swiss SME
Legally, for most: nothing, because the Act reaches you only through the EU market. Practically, something did change: the question is now askable.
From this month, a German customer running a supplier assessment can reasonably ask how you govern AI use. So can a Swiss client with EU exposure. Previously that question had no anchor. Now it has a date.
The three states you can be in
- Out of scope, and it is written down. One sentence, dated, with the reasoning. This is the best position and costs ten minutes.
- In scope, with a page. Tool list, input rules, review principle, named owner, acknowledgement. Proportionate and sufficient for the literacy duty.
- Unclear, nothing written. Where most companies are today. Not illegal, and not a position you want to be in when somebody asks.
The one thing to do this week
If you did nothing last month, do the ten-minute version: write down whether the Act applies to you, with today’s date and one line of reasoning.
That single sentence converts an open question into a closed one. Everything else can follow when you have time.