AI Act Article 60: Obligations, Deadlines & Penalties

Providers or prospective providers must draw up a real-world testing plan and submit it to the market surveillance authority in the Member State where the testing is to be conducted. Regulation (EU) 2024/1689, Article 60, Article 60

Providers or prospective providers must register the testing in real-world conditions with a Union-wide unique single identification number and specified information, unless exempted by specific Annex III points. Regulation (EU) 2024/1689, Article 60, Article 60

Providers or prospective providers of high-risk AI systems in law enforcement, migration, asylum, and border control management must register testing in the secure non-public section of the EU database. Regulation (EU) 2024/1689, Article 60, Article 60

Providers or prospective providers of high-risk AI systems referred to in point 2 of Annex III must register testing in accordance with Article 49(5). Regulation (EU) 2024/1689, Article 60, Article 60

Providers or prospective providers must be established in the Union or appoint a legal representative established in the Union to conduct testing. Regulation (EU) 2024/1689, Article 60, Article 60

Data collected and processed for testing must only be transferred to third countries if appropriate and applicable safeguards under Union law are implemented. Regulation (EU) 2024/1689, Article 60, Article 60

Testing must not last longer than necessary and in any case not longer than six months, which may be extended for an additional six months subject to prior notification to the market surveillance authority. Regulation (EU) 2024/1689, Article 60, Article 60

Providers or prospective providers must ensure that subjects belonging to vulnerable groups due to age or disability are appropriately protected during testing. Regulation (EU) 2024/1689, Article 60, Article 60

When testing in cooperation with deployers, providers must inform deployers of all relevant aspects and give instructions for use, and conclude an agreement specifying roles and responsibilities. Regulation (EU) 2024/1689, Article 60, Article 60

Providers or prospective providers must ensure subjects have given informed consent, or in law enforcement cases where consent prevents testing, ensure no negative effect on subjects and delete personal data after the test. Regulation (EU) 2024/1689, Article 60, Article 60

Providers or prospective providers must effectively oversee testing through suitably qualified persons with necessary capacity, training, and authority. Regulation (EU) 2024/1689, Article 60, Article 60

Providers or prospective providers must ensure that predictions, recommendations, or decisions of the AI system can be effectively reversed and disregarded. Regulation (EU) 2024/1689, Article 60, Article 60

Subjects of testing or their representatives may withdraw consent at any time and request immediate and permanent deletion of their personal data. Regulation (EU) 2024/1689, Article 60, Article 60

Member States must confer on market surveillance authorities the powers to require information, carry out inspections, and perform checks on testing conduct. Regulation (EU) 2024/1689, Article 60, Article 60

Providers or prospective providers must report any serious incident identified during testing to the national market surveillance authority. Regulation (EU) 2024/1689, Article 60, Article 60

Providers or prospective providers must adopt immediate mitigation measures or suspend testing until mitigation takes place, or otherwise terminate it, upon identification of a serious incident. Regulation (EU) 2024/1689, Article 60, Article 60

Providers or prospective providers must establish a procedure for the prompt recall of the AI system upon termination of testing. Regulation (EU) 2024/1689, Article 60, Article 60