# Recital (16)

The notion of ‘biometric categorisation’ referred to in this Regulation should be defined as assigning natural persons 
to specific categories on the basis of their biometric data. Such specific categories can relate to aspects such as sex, 
age, hair colour, eye colour, tattoos, behavioural or personality traits, language, religion, membership of a national 
minority, sexual or political orientation. This does not include biometric categorisation systems that are a purely 
ancillary feature intrinsically linked to another commercial service, meaning that the feature cannot, for objective 
technical reasons, be used without the principal service, and the integration of that feature or functionality is not 
a means to circumvent the applicability of the rules of this Regulation. For example, filters categorising facial or body 
features used on online marketplaces could constitute such an ancillary feature as they can be used only in relation to 
the principal service which consists in selling a product by allowing the consumer to preview the display of the 
product on him or herself and help the consumer to make a purchase decision. Filters used on online social network 
services which categorise facial or body features to allow users to add or modify pictures or videos could also be 
considered to be ancillary feature as such filter cannot be used without the principal service of the social network 
services consisting in the sharing of content online.

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Source: Regulation (EU) 2024/1689 (Artificial Intelligence Act) as amended by Regulation (EU) 2026/1744, consolidated text of 27 July 2026 (Official Journal of the EU). This page is AI-generated legal information, not legal advice. Verify against the Official Journal.
Canonical: https://euaiactlaw.com/recital/16