Article 62 Measures for providers and deployers, in particular SMEs, including start-ups
1.
1. Member States shall undertake the following actions: (a)
provide SMEs, including start-ups, having a registered office or a branch in the Union, with priority access to the AI regulatory sandboxes, to the extent that they fulfil the eligibility conditions and selection criteria; the priority access shall not preclude other SMEs, including start-ups, other than those referred to in this paragraph from access to the AI regulatory sandbox, provided that they also fulfil the eligibility conditions and selection criteria;
(b)
organise specific awareness raising and training activities on the application of this Regulation tailored to the needs of SMEs including start-ups, deployers and, as appropriate, local public authorities;
(c)
utilise existing dedicated channels and where appropriate, establish new ones for communication with SMEs including start-ups, deployers, other innovators and, as appropriate, local public authorities to provide advice and respond to queries about the implementation of this Regulation, including as regards participation in AI regulatory sandboxes;
(d)
facilitate the participation of SMEs and other relevant stakeholders in the standardisation development process.
Articles1
2.
2. The specific interests and needs of the SME providers, including start-ups, shall be taken into account when setting the fees for conformity assessment under Article 43, reducing those fees proportionately to their size, market size and other relevant indicators. 3.
3. The AI Office shall undertake the following actions: (a)
provide standardised templates for areas covered by this Regulation, as specified by the Board in its request;
(b)
develop and maintain a single information platform providing easy to use information in relation to this Regulation for all operators across the Union;
(c)
organise appropriate communication campaigns to raise awareness about the obligations arising from this Regulation;
(d)
evaluate and promote the convergence of best practices in public procurement procedures in relation to AI systems.
Recitals 1 ▾
Drafting History 2 ▾
Case Law 0 ▾
In order to promote and protect innovation, it is important that the interests of SMEs, including start-ups, that are providers or deployers of AI systems are taken into particular account. To that end, Member States should develop initiatives, which are targeted at those operators, including on awa…
2021-04-21
Commission Proposal — COM(2021) 206 final
Article 62 — Reporting of serious incidents and of malfunctioning
1. Providers of high-risk AI systems placed on the Union market shall report any serious incident or any malfunctioning of those systems which constitutes a breach of obligations under Union law intended to protect fundamental rights to the market surveillance authorities of the Member States where that incident or breach occurred. Such notification shall be made immediately after the provider has established a causal link between the AI system and the incident or malfunctioning or the reasonable likelihood of such a link, and, in any event, not later than 15 days after the providers becomes aware of the serious incident or of the malfunctioning. 2. Upon receiving a notification related to a breach of obligations under Union law intended to protect fundamental rights, the market surveillance authority shall inform the national public authorities or bodies referred to in Article 64(3). The Commission shall develop dedicated guidance to facilitate compliance with the obligations set out in paragraph 1. That guidance shall be issued 12 months after the entry into force of this Regulation, at the latest. 3. For high-risk AI systems referred to in point 5(b) of Annex III which are placed on the market or put into service by providers that are credit institutions regulated by Directive 2013/36/EU and for high-risk AI systems which are safety components of devices, or are themselves devices, covered by Regulation (EU) 2017/745 and Regulation (EU) 2017/746, the notification of serious incidents or malfunctioning shall be limited to those that that constitute a breach of obligations under Union law intended to protect fundamental rights.
July 2024
Final Adopted Text — Regulation (EU) 2024/1689
Article 62 — Measures for providers and deployers, in particular SMEs, including start-ups
3 paragraph(s) · Current text shown above
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No case law referencing Article 62 yet.
As courts and enforcement authorities produce decisions interpreting this provision, they will appear here.