guidance

Transparency § 8.2

Market Surveillance Authorities

Official source ↗

(151)

Market surveillance authorities designated by the Member States, the AI Office (47), and the European Data Protection Supervisor (48) are responsible for supervising and enforcing the rule s for AI systems falling within their competence , including the transparency obligations laid down in Article 50 AI Act. Such enforcement takes place within the system of market surveillance and compliance of products established by Regulation (EU) 2019/1020 and the AI Act . The enforcement powers of market surveillance authorities in relation to AI systems are laid down in those regulation s. Those authorities can take enforcement actions in relation to the obligations listed in Article 50 AI Act 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 (49). The responsibilities of the market surveillance authorities under the AI Act do not affect the powers and tasks of other supervisory authorities or fundamental rights authorities under their own legal framework in situations where both Article 50 AI Act and that framework apply (e.g. data protection, consumer protection).

  1. As the market surveillance authority for AI systems built on GPAI models provided by the same provider (Article75(1) AIAct).This covers the obligation applicable to providers under Article50(1) and (2) AIAct. regardingArticle50(3) and (4) AIAct, the AI Office will only be competent if the respective GPAI model and system provider, is alsoa deployer of the system.
  2. As the market surveillance authority for the EU institutions, agencies and bodies.
  3. Article85 AIAct.