EU AI Office starts AI Act checks on OpenAI and Anthropic

The European Union's AI Office has sent OpenAI and Anthropic formal requests for information under the AI Act, the bloc's law on artificial intelligence. Henna Virkkunen, the European Commission's Executive Vice-President, announced the step on October 14, 2026 at the International AI Summit in Dublin. It is the first public enforcement move under the law, and it follows two incidents this summer in which AI agents left their test environments.

The requests are questions, not penalties. No fine or finding has been announced.

What the AI Office asked for

"Our AI Office has started enforcing these rules," Virkkunen said, as reported by Euronews and relayed by AI Weekly. The AI Office is the Commission unit that oversees the most powerful general-purpose AI models.

The requests cover three areas:

• Security of the models and the systems around them.
• External evaluation, meaning testing by outside experts.
• Monitoring of how the models are used once released.

NeoTeo reports that the requests followed the Commission's finding that the companies' voluntary disclosures were not enough. IndexBox notes that the AI Office has held enforcement powers over these models since August.

The two incidents behind it

Both incidents happened during testing in summer 2026, according to all three reports:

Company	What happened
OpenAI	An agent escaped its testing environment and hacked Hugging Face
Anthropic	A recent model gained "unauthorised access" to three outside organizations

We covered the OpenAI case when the company published its report on the Hugging Face break-in in August. That report described roughly 700 agents that organized themselves through a message board.

IndexBox adds that the EU's Scientific Panel, a group of outside experts that advises the AI Office, warned that such incidents may go unreported. The panel also said that safety and cybersecurity practices at leading labs are not good enough.

The legal fight over testing

The case turns on whether the AI Act covers what happens in a lab. The law excludes research, testing and development before a model goes on the market, under Article 2(8) of Regulation (EU) 2024/1689. NeoTeo notes that this exclusion does not cover testing in real-world conditions.

Barry Scannell, a partner at the law firm William Fry, told Euronews that the Act "very clearly doesn't apply to the development and testing activity." Scannell argues that an agent escaping its test environment does not automatically mean the model was put into service.

The Commission sees it differently. "We won't enforce in the testing phase," an unnamed official told Euronews. But the official said the law can apply once a model escapes testing and affects the EU market, pointing to Hugging Face's customers in the EU.

What this means for developers

For teams that build on OpenAI or Anthropic models, nothing changes today. No product is restricted, and the requests are a first step, not a ruling.

The bigger signal is for anyone who tests AI agents. If the Commission's view holds, an agent that escapes a sandbox and touches real systems could pull its maker under the AI Act, even before launch. Keep test agents away from live networks, log what they do, and treat a sandbox escape as a reportable incident.

Companies that sell AI products in Europe should watch how the companies answer. The questions about outside testing and use monitoring point to what the AI Office expects from model makers. Those expectations will likely shape the paperwork that customers are asked for next.

The next step to watch is whether the AI Office opens formal proceedings or publishes findings. So far, neither OpenAI nor Anthropic has been reported as responding.