Article 54 Authorised representatives of providers of general-purpose AI models
1.
1. Prior to placing a general-purpose AI model on the Union market, providers established in third countries shall, by written mandate, appoint an authorised representative which is established in the Union.
2.
2. The provider shall enable its authorised representative to perform the tasks specified in the mandate received from the provider.
3.
3. The authorised representative shall perform the tasks specified in the mandate received from the provider. It shall provide a copy of the mandate to the AI Office upon request, in one of the official languages of the institutions of the Union. For the purposes of this Regulation, the mandate shall empower the authorised representative to carry out the following tasks: (a)
verify that the technical documentation specified in
Annex XI has been drawn up and all obligations referred to in
Article 53 and, where applicable,
Article 55 have been fulfilled by the provider;
(b)
keep a copy of the technical documentation specified in
Annex XI at the disposal of the AI Office and national competent authorities, for a period of 10 years after the general-purpose AI model has been placed on the market, and the contact details of the provider that appointed the authorised representative;
(c)
provide the AI Office, upon a reasoned request, with all the information and documentation, including that referred to in point (b), necessary to demonstrate compliance with the obligations in this Chapter;
(d)
cooperate with the AI Office and competent authorities, upon a reasoned request, in any action they take in relation to the general-purpose AI model, including when the model is integrated into AI systems placed on the market or put into service in the Union.
4.
4. The mandate shall empower the authorised representative to be addressed, in addition to or instead of the provider, by the AI Office or the competent authorities, on all issues related to ensuring compliance with this Regulation.
5.
5. The authorised representative shall terminate the mandate if it considers or has reason to consider the provider to be acting contrary to its obligations pursuant to this Regulation. In such a case, it shall also immediately inform the AI Office about the termination of the mandate and the reasons therefor.
6.
6. The obligation set out in this Article shall not apply to providers of general-purpose AI models that are released under a free and open-source licence that allows for the access, usage, modification, and distribution of the model, and whose parameters, including the weights, the information on the model architecture, and the information on model usage, are made publicly available, unless the general-purpose AI models present systemic risks.
Drafting History 2 ▾
Case Law 0 ▾
2021-04-21
Commission Proposal — COM(2021) 206 final
Article 54 — Further processing of personal data
for developing certain AI systems in the public interest in the AI regulatory sandbox 1. In the AI regulatory sandbox personal data lawfully collected for other purposes shall be processed for the purposes of developing and testing certain innovative AI systems in the sandbox under the following conditions: (a) the innovative AI systems shall be developed for safeguarding substantial public interest in one or more of the following areas: (i) the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security, under the control and responsibility of the competent authorities. The processing shall be based on Member State or Union law; (ii) public safety and public health, including disease prevention, control and treatment; (iii) a high level of protection and improvement of the quality of the environment; (b) the data processed are necessary for complying with one or more of the requirements referred to in Title III, Chapter 2 where those requirements cannot be effectively fulfilled by processing anonymised, synthetic or other non-personal data; (c) there are effective monitoring mechanisms to identify if any high risks to the fundamental rights of the data subjects may arise during the sandbox experimentation as well as response mechanism to promptly mitigate those risks and, where necessary, stop the processing; (d) any personal data to be processed in the context of the sandbox are in a functionally separate, isolated and protected data processing environment under the control of the participants and only authorised persons have access to that data; (e) any personal data processed are not be transmitted, transferred or otherwise accessed by other parties; (f) any processing of personal data in the context of the sandbox do not lead to measures or decisions affecting the data subjects; (g) any personal data processed in the context of the sandbox are deleted once the participation in the sandbox has terminated or the personal data has reached the end of its retention period; (h) the logs of the processing of personal data in the context of the sandbox are kept for the duration of the participation in the sandbox and 1 year after its termination, solely for the purpose of and only as long as necessary for fulfilling accountability and documentation obligations under this Article or other application Union or Member States legislation; (i) complete and detailed description of the process and rationale behind the training, testing and validation of the AI system is kept together with the testing results as part of the technical documentation in Annex IV; (j) a short summary of the AI project developed in the sandbox, its objectives and expected results published on the website of the competent authorities. 2. Paragraph 1 is without prejudice to Union or Member States legislation excluding processing for other purposes than those explicitly mentioned in that legislation.
July 2024
Final Adopted Text — Regulation (EU) 2024/1689
Article 54 — Authorised representatives of providers of general-purpose AI models
6 paragraph(s) · Current text shown above
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No case law referencing Article 54 yet.
As courts and enforcement authorities produce decisions interpreting this provision, they will appear here.