High-risk § II.2

The intended purpose of an AI system plays an important role in its classification as high-risk, as well as for assessing compliance with the requirements for high-risk AI systems laid down in Section 2 of Chapter III AI Act⁴. According to Article 3(12) AI Act, the ‘intended purpose’ of an AI system means ‘the use for which that system is intended by the provider, including the specific context and conditions of use, as specified in the information supplied by the provider in the instructions for use, promotional or sales materials, and statements, as well a s in the technical documentation’. The intended use must be distinguished from the ‘reasonably foreseeable misuse’ of an AI system, defined in Article 3(13) AI Act, which is, by definition, a use outside the intended purpose of the system.

Since the intended purpose of an AI system can entail many different contexts and applications, it is important that providers clearly describe the envisaged use of the system in the information supplied by the provider in the instructions for use, promotional or sales materials, and statements, as well as in the technical documentation. That description should include the functionalities of the AI system, leaving no ambiguity regarding its scope and its intended use. If the system is intended for use in a variety of contexts and application, these should be described to determine whether the system is intended to be used in a manner that could lead to its high-risk classification.

The manner in which the provider describes the intended use of the system is relevant for systems with multiple purposes, as well as for general-purpose AI systems. If the instructions for use, contractual arrangements, terms of service, usage policy, prom otional and sales materials, or the technical documentation present the AI system as broadly applicable across a generality of contexts and functions, and do not consistently limit its application or exclude high-risk uses, the system’s intended purpose wi ll be deemed to also encompass high-risk use cases and therefore qualify as high-risk. This will be the case , in particular, where such uses are feasible and reasonably foreseeable given the system’s functionalities and capabilities. Furthermore, merely asserting (for example in the terms of service) that high-risk uses are excluded is insufficient to avoid the system from being considered high-risk, where the provider’s overall presentation, examples, or product positioning effectively provides for or promotes such uses. Any limitations of use should be clearly, concretely, and coherently described across all materials.

The assessment whether an AI system is intended to be used for a high-risk use case or not is responsibility of the provider that is supervised by the relevant competent market surveillance authorities. The following sections provide guidelines with illustrative examples to support providers in that self-assessment. In case of doubt, additional questions may be asked to the AI Act service desk and to competent market surveillance authorities.

Distributors, importers, deployers or other third parties must be mindful of the fact that under Article 25(1) AI Act they may become subject to provider’ obligations if they (i) put their name or trademark on a high-risk AI system already placed on the market or put into service⁵ ; (ii) make a substantial modification to a high-risk AI system that has already been placed on the market or put into service in such away that it remains ahigh-risk AI system; (iii) or modify the intended purpose of an AI system, including a general-purpose AI system, which has not been classified as high-risk and has already been placed on the market or put into service in such a way that the AI system concerned becomes a high-risk AI system under Article 6 AI Act⁶.