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Compliance

EU AI Act, DORA and NIS2: the 2026 obligation stack

The EU AI Act, DORA and NIS2 all shape enterprise AI in 2026 — and converge on one demand: documented, auditable control. How the obligation stack fits.

COMPLIANCE EU AI ActDORANIS2one obligation stack ragsuite.de
Jürgen Pietschmann
Jürgen Pietschmann AI Consultant
Published21 June 2026 Updated20 July 2026 Read6 min Compliance

Three EU regimes now govern enterprise AI deployments: the AI Act regulates the AI itself, DORA governs operational resilience in finance, and NIS2 sets cybersecurity duties across essential and important sectors. They differ in scope, but they converge on one demand — you must be able to document and evidence control. Reading them as one obligation stack, rather than three separate projects, is the practical way to plan for 2026.

The cost of getting the first one wrong sets the stakes:

€35M / 7%
Prohibited AI practices (Art. 5) — maximum fine
€15M / 3%
Other infringements & GPAI provider duties
€7.5M / 1%
Supplying incorrect information to authorities

Each tier is “or the stated percentage of total worldwide annual turnover, whichever is higher” — so for a large group, the percentage, not the euro figure, is the real exposure.

The three regimes, side by side

The fastest way to see the overlap is to put them in one table.

RegimeWhat it governsApplies toIn force
EU AI ActThe AI system itself, by risk tierAnyone building or deploying AI in the EUPhased from Feb 2025
DORAICT & operational resilienceFinancial entities + critical ICT providers17 Jan 2025
NIS2Cybersecurity & supply-chain securityEssential & important entitiesTransposed from Oct 2024
AI Act · Article 99 EU AI Act maximum fines by tier€7.5M€15M€35M1% turnover3% turnover7% turnoverincorrect infoother / GPAIprohibited use
Maximum administrative fines under the EU AI Act, by infringement tier — the higher of the euro figure or the percentage of global annual turnover.

Where they overlap — and why it favours owning the stack

Each regime, in its own language, asks for the same four things: know what your systems do, control your third parties, log what happens, and be able to prove it on demand.

The obligation stack AI Act, DORA and NIS2 converge on provable controlEU AI Actthe AI system, by riskDORAoperational resilienceNIS2cybersecurity & supply chainProvable controldocumentation · oversightaudit trail · resilience
Three regimes, one shared core. The documentation and audit evidence you produce for one largely satisfies the others — which is why self-hosting, with fewer third parties and an audit trail you own, pays off across all three.

The practical consequences for a retrieval-augmented generation (RAG) deployment are concrete:

  • Documentation and audit trails. All three expect you to evidence how a system behaves and who did what. AI that logs every retrieval, answer and citation makes this routine rather than a scramble.
  • Third-party and supply-chain control. DORA’s ICT-provider oversight and NIS2’s supply-chain duties get harder with every external dependency. A self-hosted platform removes a sub-processor from the assessment entirely.
  • Resilience and continuity. DORA’s testing and NIS2’s risk management both favour systems you can run, inspect and recover yourself — including air-gapped — over a black-box cloud you cannot.

What a RAG deployment needs to satisfy the stack

If you are deploying RAG across regulated data, these are the properties to insist on — each maps to one or more of the three regimes.

Stack-ready checklist

  • Auditability by default — per-answer citations and query traces you can export for an auditor (AI Act, DORA, NIS2).
  • Minimised third parties — self-hosting on your PostgreSQL, Redis and vector store removes the new sub-processor (DORA, NIS2).
  • No phone-home — an offline licence key and local models keep the system working air-gapped, with no external dependency to test or disclose (DORA resilience, NIS2 supply chain).
  • Model choice on record — document which model handled which workload, and change it without re-architecting (AI Act transparency).

This is the design RAGSuite is built around; see the compliance page and the EU AI Act overview for specifics.

A note on timing

The AI Act’s high-risk deferral to 2 December 2027 (via the Digital Omnibus) took the pressure off one deadline — but it is the exception, not the rule.

The honest read for 2026: the regimes are not going away, and they ask for the same evidence. Build the audit trail once, and you have answered most of the questions all three will put to you.

This is general information, not legal advice; confirm your specific obligations with qualified counsel. For the current AI Act timeline, see EU AI Act readiness.

Frequently asked questions

Do all three regimes apply to my organisation?

It depends on sector and role. The AI Act applies broadly wherever you build or deploy AI; DORA applies to financial entities and their critical ICT providers; NIS2 applies to designated essential and important entities. Many enterprises fall under two or all three at once — which is exactly why treating them as one stack is efficient.

Does self-hosting make us automatically compliant?

No. Self-hosting removes data-transfer and third-party exposure and makes documentation easier, but you still need lawful basis, risk assessments (including a DPIA where required), incident processes and Article 32 security controls. Sovereign infrastructure is an enabler of compliance, not a substitute for the work.

What is the single most useful capability to prioritise?

Auditable evidence. A platform that logs retrievals, answers and citations — and lets you export them — satisfies the common requirement across all three regimes and turns audits from a project into a query.

Sources & further reading

  1. EU AI Act — Article 99 (Penalties) — fine tiers: €35M/7%, €15M/3%, €7.5M/1%
  2. European Commission — Regulatory framework for AI — AI Act scope and application dates
  3. DORA — Regulation (EU) 2022/2554 — applies from 17 January 2025
  4. NIS2 — Directive (EU) 2022/2555 — transposition deadline 17 October 2024

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