AI Authorised Representative

What is the EU AI Act?

The EU AI Act will enter into force 20 days after publication in the Official Journal – which is expected to take place between May and July 2024.

6 months after entry into force, prohibitions of unacceptable risk AI will apply.
12 months after entry into force, provisions of general-purpose AI (GPAI) will enter into force, as well as reporting obligations for high-risk AI systems.
24 months after entry into force, obligations on high-risk AI systems specifically listed in Annex III (=biometrics, critical infrastructure, education, employment, …) will apply.
36 months after entry into force, obligations will apply to high-risk AI systems that are not mandated in Annex III but are deemed to be high-risk.

What is an Authorised Representative?

According to Article 22 of the EU AI Act, providers of high-risk AI systems (= AI systems that fall under specific use cases as defined in Annex III of the AI Act) established outside the European Union must appoint an authorized representative (= AI Rep) established in the European Union.

What are the tasks of an Authorised Representative?

The Authorised Representative is tasked with performing the following tasks:

• Provide a copy of the mandate to the market surveillance authorities upon request
• Verify the technical documentation of high-risk AI systems and its EU Declaration of Conformity;
• Assist the provider in conducting conformity assessments;
• Maintain records for 10 years: contact details of the provider, copy of the EU Declaration of Conformity, technical documentation, any certification issued by the national authority;
• Provide to a national competent authority, upon reasoned request, all documentation necessary to demonstrate the compliance of a high-risk AI system, including access to logs automatically generated by the high-risk AI system, where such logs are under the control of the provider;
• Cooperate with competent authorities, in particular to reduce and mitigate the risks posed by the high-risk AI system;
• Assist in the registration of high-risk AI systems pursuant to Article 49 of the AI Act.

 
Depending on the mandate, the Authorised Representative may be consulted by the competent authorities, alone or jointly with the provider, on all matters relating to ensuring compliance with the AI Act.

The Authorised Representative may terminate the mandate if it considers that the provider is acting in breach of its obligations under the AI Act and shall inform the market surveillance authority of the Member State in which the Authorised Representative is located or established.

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