Comply With Binding AI Office Supervision, Investigation and Non-Compliance Requirements

Sub-obligations

These are independently assessable parts of the parent requirement.

1. Article 75a(3)

   Current

   Provide Complete and Accurate Information When the AI Office Issues a Binding Request

   Tracker Guidance

   Comply with information requests made by decision within the specified period and ensure information and explanations provided are correct, complete and not misleading.

   Official text

   3. The AI Office may exercise the powers listed in Article 14(4), points (a), (b) and (c) of Regulation (EU) 2019/1020 and Article 74(12) and (13) of this Regulation by simple request or by decision. When requesting information, the AI Office shall state the legal basis and the purpose of the request, specify what information is required, and set the period within which the information is to be provided. Where the request is a simple request, the AI Office shall additionally indicate that although there is no obligation to provide the information requested, in the case of a voluntary reply, the information must be correct and not misleading, and indicate the potential fines provided for in Article 99(5) for supplying incorrect or misleading information. Where the request is made by decision, the AI Office shall additionally indicate the fines provided for in Article 99(5) for supplying incorrect, incomplete or misleading information and indicate the right to have the decision reviewed by the Court of Justice of the European Union. The AI Office shall send a copy of the request to the market surveillance authority of the Member State in the territory of which the operator or its legal representative is situated.

2. Article 75a(4), 75a(6)

   Current

   Submit to Required AI Office Inspections, Access Requests and Data-Retention Orders

   Tracker Guidance

   Cooperate with lawful remote/on-site inspections and binding requests for AI-system access and explanations, and retain data and documents when ordered as necessary for compliance assessment.

   Official text

   4. In order to carry out the tasks assigned to it under this Section, the AI Office may conduct all necessary remote or on-site inspections pursuant to the powers laid down in Article 14(4), points (d) and (e) of Regulation (EU) 2019/1020 and Article 74(5) of this Regulation. When conducting an inspection, the AI Office shall inform the provider concerned of the subject matter and purpose of the investigation, the relevant fines referred to in Article 99(5) of this Regulation, and the right to have the decision reviewed by the Court of Justice of the European Union. Prior to conducting an inspection, the AI Office shall inform the market surveillance authority of the Member State in the territory of which the operator or its legal representative is situated. During such an inspection, the officials of the AI Office shall be empowered to: (a) enter any of the business premises, land or property located in the Union of the operator concerned; (b) examine the books, data and other material relevant to the execution of their tasks, irrespective of the medium on which they are stored; (c) take or obtain in any form copies of or extracts from books, data and other records; (d) ask any of the persons subject to the inspection, or their representatives, or staff, for oral or written explanations on factors or documents relating to the subject matter and purpose of the inspection, and to record the answers; [Excerpt - see official source for complete provision]

   Excerpt stored at a complete legal-unit boundary. See the official source for the full provision.

   6. In addition to the powers set out in paragraph 1 of this Article, the AI Office, in the exercise of its competences referred to in Article 75(1), may: (a) order operators to provide access to, and explanations relating to, their AI systems; (b) impose an obligation on an operator to retain all data and documents deemed to be necessary to assess the implementation of and compliance with the obligations under this Regulation.

3. Article 75c(3)

   Current

   Implement AI Office Non-Compliance Decisions and Report the Measures Taken

   Tracker Guidance

   Take the measures ordered by the AI Office within the specified reasonable period, provide information on intended compliance measures, and after implementation provide a description of the measures taken.

   Official text

   3. In the decision pursuant to paragraph 1 of this Article, the AI Office shall, where relevant, order the operator concerned to take the necessary measures to ensure compliance with the relevant provisions of this Regulation within a reasonable period specified therein and to provide information on the measures that that operator intends to take to comply with the decision. The operator concerned shall provide the AI Office with a description of the measures it has taken to ensure compliance with the decision upon their implementation. Prior to requesting any measure, the AI Office may engage in a structured dialogue with the operator of the AI system in question. During this dialogue, the operator may propose commitments in accordance with Article 75b.