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To whom does the AI Act apply?

European Commission December 12, 2023

Question & Answer

ANSWER

The legal framework will apply to both public and private actors inside and outside the EU who market or use an AI system that has an impact on people in the Union.

It can cover both providers (e.g., a developer of a tool to screen resumes) and operators of high-risk AI systems (e.g., a bank purchasing such a screening tool). Operators of AI systems will also need to ensure that the foreign provider has previously carried out the appropriate conformity assessment procedure, that a European conformity mark (CE) is present that the required documentation and manual are available.

In addition, certain obligations are provided for general purpose AI model providers, including large generative AI models.

Providers of free and open source models are exempt from most of these obligations. This exemption does not cover obligations for providers of general purpose AI models with systemic risks.

Obligations also do not apply to research, development and prototyping activities prior to release on the market, and the regulation also does not apply to AI systems intended exclusively for military, defense or national security purposes, regardless of the type of entity carrying out these activities.

This is a translated message.