Third-Party Governance
Notified-Body Subcontractor and Subsidiary Governance
What this control does
Qualify, approve, monitor and retain evidence for subcontractors/subsidiaries used in AI conformity assessment.
How to implement
Before a notified body subcontracts assessment work or uses a subsidiary, verify the applicable Article 31 requirements and obtain the provider's agreement. Inform the notifying authority as required, keep the relevant subsidiary list public and define oversight of the work. The notified body remains responsible for tasks performed by subcontractors or subsidiaries. Retain qualification and work records for the required period, measured from the applicable termination trigger. Recheck material changes rather than relying permanently on the initial qualification.
Suggested timing and triggers
Before subcontracting or using a subsidiary; during oversight; on relevant changes or termination; retention under the applicable rule.
Evidence examples
Qualification and scope assessment Provider agreement and authority notification Public subsidiary-list record Work review and accountability records Retention schedule and retained qualification/work files
How to check this control
Choose subcontracted work and trace it to qualification, provider agreement, authority notification and review of the result. Check that retained records remain available for the required period after termination.
Related EU AI Act obligations
Article 33
Govern Subsidiaries and Subcontractors Used for AI Conformity Assessment
Article 33(1)-(2)
Verify Subcontractor and Subsidiary Compliance and Notify the Notifying Authority
Sub-obligation of Article 33: Govern Subsidiaries and Subcontractors Used for AI Conformity Assessment
Article 33(3)
Obtain Provider Agreement for Subcontracted Assessment Work and Publish the Subsidiary List
Sub-obligation of Article 33: Govern Subsidiaries and Subcontractors Used for AI Conformity Assessment
Article 33(4)
Retain Subcontractor and Subsidiary Qualification Records for Five Years
Sub-obligation of Article 33: Govern Subsidiaries and Subcontractors Used for AI Conformity Assessment