AI Act Article 31: Obligations, Deadlines & Penalties

A notified body shall be established under the national law of a Member State and shall have legal personality. Regulation (EU) 2024/1689, Article 31, Article 31

Notified bodies shall satisfy the organisational, quality management, resources and process requirements that are necessary to fulfil their tasks, as well as suitable cybersecurity requirements. Regulation (EU) 2024/1689, Article 31, Article 31

The organisational structure, allocation of responsibilities, reporting lines and operation of notified bodies shall ensure confidence in their performance, and in the results of the conformity assessment activities that the notified bodies conduct. Regulation (EU) 2024/1689, Article 31, Article 31

Notified bodies shall be independent of the provider of a high-risk AI system in relation to which they perform conformity assessment activities, as well as of any other operator having an economic interest in high-risk AI systems assessed, and of any competitors of the provider. Regulation (EU) 2024/1689, Article 31, Article 31

Neither a conformity assessment body, its top-level management nor the personnel responsible for carrying out its conformity assessment tasks shall be directly involved in the design, development, marketing or use of high-risk AI systems, nor shall they represent the parties engaged in those activities. Regulation (EU) 2024/1689, Article 31, Article 31

They shall not engage in any activity that might conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified, particularly consultancy services. Regulation (EU) 2024/1689, Article 31, Article 31

Notified bodies shall be organised and operated so as to safeguard the independence, objectivity and impartiality of their activities. Regulation (EU) 2024/1689, Article 31, Article 31

Notified bodies shall document and implement a structure and procedures to safeguard impartiality and to promote and apply the principles of impartiality throughout their organisation, personnel and assessment activities. Regulation (EU) 2024/1689, Article 31, Article 31

Notified bodies shall have documented procedures in place ensuring that their personnel, committees, subsidiaries, subcontractors and any associated body or personnel of external bodies maintain the confidentiality of the information which comes into their possession during the performance of conformity assessment activities. Regulation (EU) 2024/1689, Article 31, Article 31

The staff of notified bodies shall be bound to observe professional secrecy with regard to all information obtained in carrying out their tasks under this Regulation. Regulation (EU) 2024/1689, Article 31, Article 31

Notified bodies shall have procedures for the performance of activities which take due account of the size of a provider, the sector in which it operates, its structure, and the degree of complexity of the AI system concerned. Regulation (EU) 2024/1689, Article 31, Article 31

Notified bodies shall take out appropriate liability insurance for their conformity assessment activities. Regulation (EU) 2024/1689, Article 31, Article 31

Notified bodies shall be capable of carrying out all their tasks under this Regulation with the highest degree of professional integrity and the requisite competence in the specific field. Regulation (EU) 2024/1689, Article 31, Article 31

Notified bodies shall have sufficient internal competences to be able effectively to evaluate the tasks conducted by external parties on their behalf. Regulation (EU) 2024/1689, Article 31, Article 31

The notified body shall have permanent availability of sufficient administrative, technical, legal and scientific personnel who possess experience and knowledge relating to the relevant types of AI systems, data and data computing, and relating to the requirements set out in Section 2. Regulation (EU) 2024/1689, Article 31, Article 31

Notified bodies shall participate in coordination activities as referred to in Article 38. Regulation (EU) 2024/1689, Article 31, Article 31

Notified bodies shall take part directly, or be represented in, European standardisation organisations, or ensure that they are aware and up to date in respect of relevant standards. Regulation (EU) 2024/1689, Article 31, Article 31