AI Act Article 74: Obligations, Deadlines & Penalties

Market surveillance authorities must report annually to the Commission and relevant national competition authorities any information identified during market surveillance that may be of potential interest for the application of Union law on competition rules. Regulation (EU) 2024/1689, Article 74, Article 74

Market surveillance authorities must report annually to the Commission about the use of prohibited practices that occurred during that year and about the measures taken. Regulation (EU) 2024/1689, Article 74, Article 74

Member States may designate another relevant authority to act as a market surveillance authority for high-risk AI systems related to products covered by Union harmonisation legislation, provided they ensure coordination with the relevant sectoral market surveillance authorities. Regulation (EU) 2024/1689, Article 74, Article 74

For high-risk AI systems used by financial institutions regulated by Union financial services law, the relevant national authority responsible for financial supervision shall act as the market surveillance authority insofar as the AI system use is in direct connection with the provision of those financial services. Regulation (EU) 2024/1689, Article 74, Article 74

National market surveillance authorities supervising regulated credit institutions participating in the Single Supervisory Mechanism must report without delay to the European Central Bank any information identified during market surveillance that may be of potential interest for the prudential supervisory tasks of the ECB. Regulation (EU) 2024/1689, Article 74, Article 74

Member States shall designate as market surveillance authorities for high-risk AI systems used for law enforcement, border management, justice, and democracy, or listed in points 6, 7, and 8 of Annex III, either the competent data protection supervisory authorities or any other authority designated pursuant to the same conditions laid down in Articles 41 to 44 of Directive (EU) 2016/680. Regulation (EU) 2024/1689, Article 74, Article 74

Where Union institutions, bodies, offices, or agencies fall within the scope of this Regulation, the European Data Protection Supervisor shall act as their market surveillance authority, except in relation to the Court of Justice of the European Union acting in its judicial capacity. Regulation (EU) 2024/1689, Article 74, Article 74

Member States shall facilitate coordination between market surveillance authorities designated under this Regulation and other relevant national authorities or bodies which supervise the application of Union harmonisation legislation or other Union law relevant for high-risk AI systems. Regulation (EU) 2024/1689, Article 74, Article 74

Market surveillance authorities and the Commission shall be able to propose joint activities, including joint investigations, to promote compliance, identify non-compliance, raise awareness, or provide guidance regarding specific categories of high-risk AI systems presenting a serious risk across two or more Member States. Regulation (EU) 2024/1689, Article 74, Article 74

Providers of high-risk AI systems shall grant market surveillance authorities full access to documentation as well as training, validation, and testing data sets used for development, including through APIs or other technical means enabling remote access, where relevant and limited to what is necessary. Regulation (EU) 2024/1689, Article 74, Article 74

Providers of high-risk AI systems shall grant market surveillance authorities access to the source code upon a reasoned request, provided that access is necessary to assess conformity and that testing or auditing procedures based on provided data and documentation have been exhausted or proved insufficient. Regulation (EU) 2024/1689, Article 74, Article 74

Market surveillance authorities shall treat any information or documentation obtained in accordance with the confidentiality obligations set out in Article 78. Regulation (EU) 2024/1689, Article 74, Article 74