Source: OJ L, 2024/1689, 12.7.2024Current language: EN
- Artificial intelligence act
Basic legislative acts
- AI act regulation
Article 16 Obligations of providers of high-risk AI systems
Summary What does Article 16 of the AI Act say?
This article serves as the master checklist of obligations for providers of high-risk AI systems.
Rather than establishing any single new rule in depth, it consolidates the full range of duties a provider must fulfil, pointing to other articles in the regulation for the detailed requirements behind each obligation.
It covers everything from technical compliance and quality management, to conformity assessment, CE marking, registration, and accessibility — essentially acting as the central reference point for what it means to be a compliant provider of a high-risk AI system.
Important points:
- Ensure your high-risk AI system undergoes a conformity assessment, carries the CE marking, and is registered before it is placed on the market or put into service.
- Maintain a quality management system, retain required documentation and logs, and be prepared to demonstrate compliance to a national competent authority upon a reasoned request.
- Ensure the high-risk AI system meets accessibility requirements in accordance with the two referenced EU Directives.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Providers of high-risk AI systems shall:
ensure that their high-risk AI systems are compliant with the requirements set out in Section 2;
indicate on the high-risk AI system or, where that is not possible, on its packaging or its accompanying documentation, as applicable, their name, registered trade name or registered trade mark, the address at which they can be contacted;
have a quality management system in place which complies with Article 17;
keep the documentation referred to in Article 18;
when under their control, keep the logs automatically generated by their high-risk AI systems as referred to in Article 19;
ensure that the high-risk AI system undergoes the relevant conformity assessment procedure as referred to in Article 43, prior to its being placed on the market or put into service;
draw up an EU declaration of conformity in accordance with Article 47;
affix the CE marking to the high-risk AI system or, where that is not possible, on its packaging or its accompanying documentation, to indicate conformity with this Regulation, in accordance with Article 48;
comply with the registration obligations referred to in Article 49(1);
take the necessary corrective actions and provide information as required in Article 20;
upon a reasoned request of a national competent authority, demonstrate the conformity of the high-risk AI system with the requirements set out in Section 2;
ensure that the high-risk AI system complies with accessibility requirements in accordance with Directives (EU) 2016/2102 and (EU) 2019/882.
Relevant recitals
Recital 79 Responsibility of providers
It is appropriate that a specific natural or legal person, defined as the provider, takes responsibility for the placing on the market or the putting into service of a high-risk AI system, regardless of whether that natural or legal person is the person who designed or developed the system.
Recital 80 Persons with disabilities
As signatories to the United Nations Convention on the Rights of Persons with Disabilities, the Union and the Member States are legally obliged to protect persons with disabilities from discrimination and promote their equality, to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems, and to ensure respect for privacy for persons with disabilities. Given the growing importance and use of AI systems, the application of universal design principles to all new technologies and services should ensure full and equal access for everyone potentially affected by or using AI technologies, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity. It is therefore essential that providers ensure full compliance with accessibility requirements, including Directive (EU) 2016/2102 of the European Parliament and of the Council(38) and Directive (EU) 2019/882. Providers should ensure compliance with these requirements by design. Therefore, the necessary measures should be integrated as much as possible into the design of the high-risk AI system.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
conformity assessment
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instructions for use
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CE marking
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provider
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national competent authority
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notifying authority
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market surveillance authority
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conformity assessment body
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deployer
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intended purpose
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placing on the market
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AI system
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putting into service
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general-purpose AI model
Footnote 38