Market surveillance authorities designated by the Member States as well as the European Data Protection Supervisor (as the market surveillance authority for the EU institutions, agencies and bodies) are responsible for the enforcement of the rules in the AI Act for AI systems, including the prohibitions. Such enforcement takes place within the system of market surveillance and compliance of products established by Regulation (EU) 2019/1020,45 in line with other Union product safety legislation. The enforcement powers of market surveillance authoritiesin relation to AI systemsare laid down in the AI Act and in Regulation (EU) 2019/1020. Those authorities can take enforcement actions in relation to the prohibitions on their own initiative or following a complaint, which every affected person or any other natural or legal person having grounds to consider such violations has the right to lodge.46 Member States must designate their competent market surveillance authorities by 2 August 2025.
The procedure in the AI Act to deal with AI systems presenting a risk at national level is particularly relevant in the context of enforcing the prohibitions . 47 Where there are cross-border implications beyond the territory of the market surveillance authority, the authority of the Member State concerned must inform the Commission and the market surveillance authorities of other Member States . All market surveillance authorities should follow a Union safeguard procedure with a decision taken by the Commission48 determining whether the AI system constitutes a prohibited practice. That procedure aims to ensure that the prohibitions are applied uniformly across all Member States, so as to provide legal certainty to both providers and deployers of AI systems . To ensure the uniform application of the AI Act, national market surveillance authorities should also strive for a harmonized application of the prohibitions for comparable cases that do not cross the Member State’s territory by drawing inspiration from these Guidelines and cooperating within the AI Board.49