Source: OJ L, 2024/1689, 12.7.2024

Current language: EN

Article 63 Derogations for specific operators


Summary What does Article 63 of the AI act regulation say?

This article provides a limited concession for microenterprises, allowing them to comply with the quality management system requirements under Article 17 in a simplified manner.

The Commission is tasked with developing guidelines to define what that simplification looks like in practice.

Critically, the article is clear that this is a narrow carve-out: it does not exempt microenterprises from any other obligations under the regulation, and the level of protection for high-risk AI systems must not be diminished.

Important points:

  • Microenterprises (with no partner or linked enterprises) may comply with Article 17 quality management system requirements in a simplified manner.
  • The Commission is required to develop guidelines specifying which elements of the quality management system can be simplified for microenterprises.
  • This simplification does not exempt microenterprises from any other obligations in the regulation, including those on risk management, data governance, transparency, human oversight, and incident reporting.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

    1. Microenterprises within the meaning of Recommendation 2003/361/EC may comply with certain elements of the quality management system required by Article 17 of this Regulation in a simplified manner, provided that they do not have partner enterprises or linked enterprises within the meaning of that Recommendation. For that purpose, the Commission shall develop guidelines on the elements of the quality management system which may be complied with in a simplified manner considering the needs of microenterprises, without affecting the level of protection or the need for compliance with the requirements in respect of high-risk AI systems.

    1. Paragraph 1 of this Article shall not be interpreted as exempting those operators from fulfilling any other requirements or obligations laid down in this Regulation, including those established in Articles 9, 10, 11, 12, 13, 14, 15, 72 and 73.

We're continuously improving our platform to serve you better.

Your feedback matters! Let us know how we can improve.

Found a bug?

Springflod is a Swedish boutique consultancy firm specialising in cyber security within the financial services sector.

We offer professional services concerning information security governance, risk and compliance.

Crafted with ❤️ by Springflod