Skip to main content
← Back to Blog
Educational·9 min read·

GDPR + EU AI Act: How the Two Interact in 2026

GDPR and the EU AI Act overlap in practice. This guide explains exactly where they interact, when a DPIA also needs a FRIA, and how to run one combined assessment.

#GDPR#DPIA#FRIA#EU AI Act#overlap

Quick answer

GDPR and the EU AI Act are separate regulations with overlapping requirements. For high-risk AI systems processing personal data, you need both a Data Protection Impact Assessment (GDPR Article 35) and a Fundamental Rights Impact Assessment (AI Act Article 27). Done right, you run them as a single combined workflow — they share 60%+ of the evidence.

Where they overlap

  • Automated decision-making — GDPR Article 22 and AI Act high-risk obligations both apply.
  • Data governance — GDPR data-minimisation vs AI Act Article 10 training-data quality.
  • Transparency — GDPR Articles 13/14 and AI Act Article 13.
  • Human oversight — GDPR Article 22 safeguards and AI Act Article 14.
  • Accuracy — GDPR Article 5(1)(d) and AI Act Article 15.

Where they diverge

  • Scope: GDPR covers personal data only; AI Act covers AI systems whether or not they process personal data.
  • Lawful basis: GDPR requires Article 6 lawful basis; AI Act does not.
  • Sanctions: GDPR up to 4% global turnover; AI Act up to 7%.
  • Territorial reach: Different extraterritorial triggers.

The combined DPIA + FRIA workflow

  1. Scope: define the AI system and the personal data it processes.
  2. Necessity and proportionality: why the AI system, why this data.
  3. Risk identification: both to data subjects (GDPR) and fundamental rights (AI Act).
  4. Risk measures: technical and organisational safeguards.
  5. Consultation with DPO and data subjects where required.
  6. Signed by controller (GDPR) and deployer (AI Act) — often the same entity.
  7. Notified to the market surveillance authority (AI Act) and kept on file (GDPR).

Practical tips

  • Run them together. Don't let separate teams run separate processes.
  • Use a shared template. The GDPR checklist and the FRIA guide share most evidence.
  • Document the exercise. Regulators ask for it.