- 1Purpose of the regulation
- 2Regulation in balance with the values of the Union
- 3Consistent and high level of protection
- 4Artificial Intelligence
- 5Risks and harms
- 6Human-centric technology
- 7High-risk AI systems
- 8Framework for harmonised rules
- 9Application of existing rights and remedies
- 10Fundamental right to the protection of personal data
- 11Liability of intermediary service providers of Directive 2000/31/EG
- 12AI system
- 13Deployer
- 14Biometric data
- 15Biometric identification
- 16Biometric categorisation
- 17Remote biometric identification system
- 18Emotion recognition system
- 19Publicly accessible space
- 20Equipping with necessary notions
- 21Application to providers and deployers
- 22Application to third country operators
- 23Application to Union institutions, bodies and other agencies
- 24No application for military, defence or national security
- 25No application to scientific research and development
- 26Risk-based approach
- 27Principles for trustworthy and ethical AI
- 28Prohibition of harmful and misused practices
- 29AI-enabled influence on human behaviour
- 30AI systems for biometric categorisation
- 31AI systems for social scoring
- 32AI systems for 'real-time' remote biometric identification
- 33'Real-time' remote biometric identification systems for law enforcement purposes
- 34Fundamental rights impact assessment
- 35Authorisation obligation
- 36Notification of the authorities
- 37Adoption into national law
- 38Use and processing of biometric data
- 39Applicability of Directive (EU) 2016/680
- 40Limited binding effect for Ireland
- 41Limited binding effect for Denmark
- 42Presumption of innocence in profiling
- 43Banning AI facial recognition for mass surveillance
- 44Risks and limits of emotion-recognising AI systems
- 45Practices not permitted under EU law remain unaffected
- 46Mandatory security requirements for high-risk AI systems in the EU
- 47Risk minimisation in AI systems for health and safety
- 48Fundamental rights and risk assessment of AI systems
- 49Adaptation of regulations for high-risk AI systems in safety-critical products and systems
- 50High-risk classification for AI security products
- 51High-risk AI systems and product risk
- 52Classification and regulation of high-risk AI systems
- 53Supplementing human activity and pattern recognition
- 54Risk assessment and use cases for biometric systems
- 55Classification of high-risk AI systems in critical infrastructure
- 56High-risk AI systems in education
- 57High-risk AI systems in employment and human resources
- 58High-risk AI systems deployment in social benefits, creditworthiness, and emergencies
- 59High-risk AI systems in law enforcement
- 60High-risk AI systems in migration and asylum
- 61High-risk AI systems in the administration of justice
- 62High-risk AI systems in elections
- 63Lawfulness
- 64Compliance with other Union law
- 65Risk-management system
- 66Scope of the requirements
- 67Data governance and management practices
- 68Access to high-quality data
- 69Data privacy
- 70Processing of special categories of personal data
- 71Documentation of the development
- 72Transparency for high-risk AI systems
- 73Oversight by natural persons
- 74Performance metrics
- 75Resilience of high-risk AI systems
- 76Cybersecurity appropriate to the risks
- 77Cybersecurity requirements as set out in the regulation
- 78Conformity assessment
- 79Specification of the provider
- 80Protection and equality of persons with disabilities
- 81Establishing a quality management system
- 82Level-playing field for operators
- 83Clarification of the roles and obligations of operators along the value chain
- 84Extension of obligations to distributors, importers, deployers or other third parties as providers of high-risk AI system
- 85Cooperation of high-risk AI system providers along the value chain and with authorities
- 86Obligation for former providers to cooperate
- 87Obligations in the event of high-risk AI system as a safety component of a product
- 88Written agreement on the provision of information
- 89Release from value chain responsibilities and promotion of trustworthy AI
- 90Development of voluntary model contract terms by the Commission
- 91Definition of special responsibilities and obligations for deployers
- 92Duty of employers to inform and consult employees or their representatives
- 93Notification and information of persons by the deployer
- 94Application of Directive (EU) 2016/680 when using AI systems for biometric identification for law enforcement purposes
- 95Compliance with safeguards for subsequent remote biometric identification
- 96Implementation of fundamental rights impact assessment and further follow-up measures
- 97Precise definition of individual AI systems
- 98Model determination based on parameters
- 99Example of AI model with general-purpose
- 100Further cases of AI models with a general-purpose
- 101Transparency obligations for providers of general-purpose AI models
- 102Transparency obligations for general-purpose AI models under open-source license
- 103Definition of the term AI model with general-purpose under open-source license
- 104Exemptions for transparency obligations for general-purpose AI models under open-source license
- 105Use of protected content for developing general-purpose AI models
- 106Strategy for compliance with Union law for providers of general-purpose AI models
- 107Transparency obligations for providers of general-purpose AI models concerning training data
- 108Compliance monitoring by the AI Office
- 109Proportionality of monitoring measures by the AI Office
- 110Systemic risks of general-purpose AI models
- 111Methodology for classifying AI models as systemically risky
- 112Notification of general-purpose AI models with systemic risk at AI Office
- 113Subsequent classification of AI models with systemic risk
- 114Obligations for providers of general-purpose AI models with systemic risks
- 115Mandatory reporting of risk events for providers of general-purpose AI models with systemic risks
- 116Codes of practice for providers of general-purpose AI models with systemic risks
- 117Implementation of harmonised codes of practice by the EU Commission
- 118AI Act and Digital Services Act when embedding AI models in platforms and search engines
- 119AI systems as intermediary services under the Digital Services Act
- 120Obligation to identify systemic risks for AI models and intermediary services
- 121Harmonised standards of the Commission
- 122Compliance with cybersecurity requirements
- 123Conformity assessment for high-risk AI systems
- 124Conformity assessment according to relevant EU harmonisation legislation
- 125Limited conformity assessment by third parties
- 126Procedure for third-party conformity assessments
- 127Recognition of conformity results from third countries
- 128Reassessment of conformity in the event of significant system changes
- 129CE marking for high-risk AI systems
- 130Authorisation for high-risk AI systems in the public interest
- 131Registration obligations for providers and deployers of high-risk AI systems in EU database
- 132Transparency obligations for AI systems
- 133Mandatory labeling of AI results
- 134Obligation to disclose artificially generated content
- 135Development of codes of conduct at Union level for AI content review
- 136Importance of transparency for the implementation of the AI Regulation
- 137Transparency is no substitute for lawfulness
- 138Establishing of AI regulatory sandboxes to test innovative systems
- 139Objectives of AI regulatory sandboxes
- 140Legal basis for the use of personal data for the development of AI systems in the public interest
- 141Requirements for testing high-risk AI systems under real-world conditions
- 142Encourage the funding of research and development on AI solutions
- 143Special consideration of the interests of SMEs
- 144Promotion and protection of innovation
- 145Minimising risk and facilitating the fulfillment of obligations
- 146Facilitating the introduction of quality management for microenterprises
- 147Facilitating access to testing and experimentation facilities for certain entities
- 148Establishment of governance framework
- 149Establishment of Regulation Board
- 150Establishment of advisory forum
- 151Establishment of scientific panel
- 152Establishment of Union structures to support the testing of AI
- 153Establishment of at least one notifying authority and one market surveillance authority per Member State
- 154Independence, impartiality and confidentiality of the relevant national authorities
- 155System for monitoring high-risk AI systems and system for reporting serious incidents
- 156System of market surveillance and conformity of products
- 157Position of national authorities or other bodies in relation to the regulations of the AI Act
- 158Coherent application and enforcement of obligations for financial services
- 159Necessary powers of market surveillance authorities for high-risk AI systems in the area of biometric data
- 160Joint activities of the market surveillance authorities of the Member States or the Commission
- 161Clarification of responsibilities and competencies
- 162Synergies at Union level
- 163Support for the AI Office by scientific panel
- 164Competencies of the AI Office
- 165Voluntary codes of conduct
- 166Safety of AI systems that are not high-risk
- 167Trustful cooperation of competent authorities
- 168Ensuring the implementation of the provisions
- 169Administrative fines
- 170Legal remedies for natural and legal persons
- 171Explanation on the use of high-risk systems
- 172Protection of whistleblowers
- 173Delegation of powers to the Commission
- 174Regular evaluation and review
- 175Implementing powers of the Commission
- 176Principle of subsidiarity and principle of proportionality
- 177Ensuring continuity
- 178Voluntary compliance
- 179Date of validity
- 180Adoption of the regulation
AI Act Recital 11
This Regulation should be without prejudice to the provisions regarding the liability of providers of intermediary services as set out in Regulation (EU) 2022/2065 of the European Parliament and of the Council (15).
