The EU AI Act introduces a new regulatory framework to govern artificial intelligence, focusing on transparency, safety, and accountability. Among the key roles outlined in the Act is that of the Authorised Representative (AR), a crucial intermediary for non-EU providers entering the EU market with high-risk AI systems or general-purpose AI models.
What is an Authorised Representative?
An Authorised Representative is a natural or legal person established within the EU, appointed via a written mandate by a provider outside the EU. Their primary role is to act on the provider’s behalf to ensure compliance with the EU AI Act. The AR bridges the gap between non-EU providers and EU regulators, serving as the official point of contact for compliance-related matters.
When is an AR Required?
If you are a provider of:
- High-risk AI systems (e.g., systems used in healthcare or recruitment); or
- General-purpose AI models,
and your company operates outside the EU, appointing an AR is mandatory before offering these systems on the EU market!
Key Responsibilities of an Authorised Representative
The AR’s duties are defined in Article 22 of the AI Act and include:
- Verification and Record-Keeping:
- Confirming that the provider has conducted the necessary conformity assessments and prepared the required technical documentation, such as the EU Declaration of Conformity.
- Storing documentation, including contact details of the provider, for a minimum of ten years after the AI system is placed on the market.
- Regulatory Liaison:
- Providing relevant authorities with all necessary documentation to prove compliance upon request.
- Facilitating access to automatically generated logs from high-risk AI systems when these are under the provider’s control.
- Risk Mitigation and Cooperation:
- Assisting authorities in addressing potential risks associated with AI systems.
- Cooperating with market surveillance efforts or investigations.
- Termination Obligations:
- Ending the mandate and notifying authorities if the provider fails to meet their regulatory responsibilities.
Choosing the Right Authorised Representative
The role of Authorised Representative is complex and requires:
- A strong understanding of the EU AI Act, particularly the technical and legal aspects.
- Experience in regulatory compliance and communication with authorities.
- The capability to manage sensitive documentation securely.
Providers can appoint a corporate affiliate, a professional services firm, or an external expert within the EU. The appointment should be formalised with a clear written mandate and a detailed services agreement to outline liabilities, compensation, and responsibilities.
Why is the Authorised Representative Role Critical?
Without an AR, non-EU providers risk regulatory delays, fines, or exclusion from the EU market. The AR ensures compliance, fosters trust, and supports the safe integration of AI systems into the EU ecosystem.
How Can We Help?
Navigating the EU AI Act can be daunting. With our expertise in regulatory compliance and AI technologies, we offer tailored Authorised Representative services to help your business meet its obligations under the EU AI Act.
Reach out to us for:
- Assistance in fulfilling your compliance requirements.
- Expert advice on the EU AI regulatory landscape.
- Seamless integration of your AI solutions into the EU market.
Contact us today to learn more about how we can support your compliance journey!