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Obligations of high-risk AI providers (Article 16)

Article 16 lists what a provider of a high-risk AI system must do before and after placing it on the EU market. For Annex III systems these obligations apply from 2 December 2027; for Annex I product-related systems from 2 August 2028.

Article 16 AI Act Annex III: 2 December 2027 Annex I: 2 August 2028 Non-EU providers: Article 22 AR

The checklist

ObligationWhere in the AI Act
Meet the requirements for high-risk systems: risk management, data governance, technical documentation, record-keeping, transparency to deployers, human oversight, accuracy, robustness and cybersecurityArticles 8-15
Indicate the provider's name, registered trade name or trade mark and contact address on the system, packaging or documentationArticle 16(b)
Quality management systemArticle 17
Keep documentation for 10 years after placing on the marketArticle 18
Keep automatically generated logs under the provider's controlArticle 19
Conformity assessment before placing on the marketArticle 43
EU declaration of conformity and CE markingArticles 47 and 48
Registration in the EU database (Annex III systems)Article 49
Corrective actions and information dutiesArticle 20
Post-market monitoring and serious incident reportingArticles 72 and 73
Accessibility requirementsArticle 16(l)

Providers outside the EU

Before making a high-risk AI system available on the Union market, a provider established in a third country must appoint, by written mandate, an authorised representative established in the Union (Article 22). The representative verifies the declaration of conformity and technical documentation, keeps documents available to authorities for 10 years, and cooperates with competent authorities. See Article 22 explained.

Systems already on the market

Under the Digital Omnibus, Annex III high-risk systems placed on the market before 2 December 2027 are subject to the requirements only if their design changes significantly after that date; other units of the same type and model can continue to be placed on the market while the design stays unchanged (Article 111(2)). Systems intended for use by public authorities must comply by 2 August 2030.

Simplified compliance for smaller companies

SMEs, and since Regulation (EU) 2026/1744 also small mid-cap enterprises (fewer than 750 employees and turnover up to EUR 150 million or balance sheet up to EUR 129 million), can use simplified technical documentation and more proportionate quality management expectations.

Frequently asked questions

When do Article 16 obligations apply?

For high-risk AI systems under Article 6(2) and Annex III from 2 December 2027, and for systems under Article 6(1) and Annex I from 2 August 2028, as amended by Regulation (EU) 2026/1744.

How long must a provider keep documentation?

For 10 years after the high-risk AI system has been placed on the market or put into service (Article 18).

Does a non-EU provider need an EU representative?

Yes. Providers established outside the EU must appoint an authorised representative established in the Union by written mandate before making a high-risk AI system available on the EU market (Article 22).

Related

Note: This guide provides general information about Regulation (EU) 2024/1689 (AI Act) as amended by Regulation (EU) 2026/1744 (Digital Omnibus on AI), not legal advice. Last reviewed 5 October 2026.