Source: OJ L, 2024/1689, 12.7.2024Current language: EN
- Artificial intelligence act
Basic legislative acts
- AI act regulation
Article 85 Right to lodge a complaint with a market surveillance authority
Summary What does Article 85 of the AI act regulation say?
This short article establishes a complaints mechanism under the AI Act, allowing any natural or legal person who believes there has been an infringement of the Regulation to bring this to the attention of the relevant market surveillance authority.
Importantly, this right exists without prejudice to any other administrative or judicial remedies that may be available, meaning it sits alongside, rather than replacing, other avenues for redress.
The article ties directly into the broader market surveillance framework established under Regulation (EU) 2019/1020, which governs how such complaints are processed.
Important points:
- Any natural or legal person can submit a complaint to the relevant market surveillance authority if they have grounds to believe the Regulation has been infringed.
- This complaints route does not replace other administrative or judicial remedies available to the complainant.
- Market surveillance authorities are required to take such complaints into account in their surveillance activities and handle them according to their dedicated procedures under Regulation (EU) 2019/1020.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Without prejudice to other administrative or judicial remedies, any natural or legal person having grounds to consider that there has been an infringement of the provisions of this Regulation may submit complaints to the relevant market surveillance authority.
In accordance with Regulation (EU) 2019/1020, such complaints shall be taken into account for the purpose of conducting market surveillance activities, and shall be handled in line with the dedicated procedures established therefor by the market surveillance authorities.
Relevant recitals
Recital 170 Right to complain to market surveillance authorities
Union and national law already provide effective remedies to natural and legal persons whose rights and freedoms are adversely affected by the use of AI systems. Without prejudice to those remedies, any natural or legal person that has grounds to consider that there has been an infringement of this Regulation should be entitled to lodge a complaint to the relevant market surveillance authority.
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
market surveillance authority
Definition
AI system