I see what you mean, but I think that "workplace" specifically refers to the context of the workplace, so that an employer cannot use AI to monitor the employees, even if they have been pressured to agree to such a monitoring. I think this is unrelated to "commercially offering services which can detect emotions".
But then I don't get the spirit of that limitation, as it should be just as applicable to TVs listening in on your conversations and trying to infer your emotions. Then again, I guess that for these cases there are other rules in place which prohibit doing this without the explicit consent of the user.
> I think that
> I think this
> I don't get the spirit of that limitation
> I guess that
In a nutshell, this uncertainty is why firms are going to slow-roll EU rollout of AI and, for designated gatekeepers, other features. Until there is a body of litigated cases to use as reference, companies would be placing themselves on the hook for tremendous fines, not to mention the distraction of the executives.
Which, not making any value judgement here, is the point of these laws. To slow down innovation so that society, government, regulation, can digest new technologies. This is the intended effect, and the laws are working.