According to the approach presented in section 3.2.1.ii above, ‘an AI system intended to be used in the management and operation of critical digital infrastructure’ refers to an AI system intended to be used in an asset, a facility, equipment, a network, or a system or a part of an asset, a facility, equipment, a network or a system which is necessary for the provision of the essential services established in Article 2(8) CER Delegated Regulation. This includes:
- the provision and operation of internet exchange point service s (providers of internet Exchange Points);
- the provision of domain name system (DNS) service s, excluding services related to root name servers (DNS service providers);
- the operation and administration of top-level domain (TLD) name registries (TLD name registries);
- the provision of cloud computing services (providers of cloud computing services);
- the provision of data centre services (providers of data centre services);
- the provision of content delivery networks (providers of content delivery networks);
- the provision of trust services (trust service providers);
- the provision of publicly available electronic communications services (providers of electronic communications services);
- the provision of public electronic communications networks (providers of public electronic communications networks).
An AI system intended to be used in the management and operation of critical digital infrastructure should therefore be considered as high-risk only if it is intended to be used by an entity that has been identified as a critical entity by a Member State under the CER Directive.
a) Practical example of an AI system falling within the high-risk use case of critical digital infrastructure
- An AI system used as a fire alarm controlling system in cloud computing centres , due to its direct safety function (Recital 55 AI Act) . None of the exceptions listed in Article 6(3) AI Act apply to such a system due to its role in preventing direct damage to the physical infrastructure of the centre, as well as harm to natural persons.
b) Practical examples of AI systems falling outside the high-risk use case of critical digital infrastructure
- AI systems intended to be used to improve the service quality and operations of critical digital infrastructure , e.g.: AI systems used for trouble tickets management; AI systems intended to be used to optimise the network and adapt to tailored customer needs; AI-based interactions with technical user guide for network maintenance; AI system s intended to be used to predict a network load. Such AI systems should not be considered to have a direct safety function.