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Regulation (EU) 2024/1689 on artificial intelligence (Artificial Intelligence Act) - Article 74(12) and 74(13): Market surveillance access to data, documentation and source code

Providers of high-risk AI systems must grant market surveillance authorities full access to documentation and to the training, validation and testing data…

What Regulation (EU) 2024/1689 on artificial intelligence (Artificial Intelligence Act) - Article 74(12) and 74(13): Market surveillance access to data, documentation and source code requires

Providers of high-risk AI systems must grant market surveillance authorities full access to documentation and to the training, validation and testing data sets under Article 74(12), including through APIs or other remote-access means where appropriate and subject to security safeguards, and must grant access to source code under Article 74(13) upon a reasoned request only when both statutory conditions are fulfilled.

Pillar: AI Governance & Law · Authority: European Parliament and Council of the European Union · Version: 1.1.0 · Last updated:

Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32024R1689

SHA-256 integrity: f74cda29d1ef48f621539e5ea551f883c6e16b9b5aead6a10c05c9b2566ba89a

Primary Citations — 6 traced to source

  • Article 74(12): Market surveillance authorities shall be granted full access by providers to the documentation as well as the training, validation and testing data sets used for the development of high-risk AI systems, including, where appropriate and subject to security safeguards, through application programming interfaces (API) or other relevant technical means and tools enabling remote access.
  • Article 74(13): Market surveillance authorities shall be granted access to the source code of the high-risk AI system upon a reasoned request and only when both of the following conditions are fulfilled: (a) access to source code is necessary to assess the conformity of a high-risk AI system with the requirements set out in Chapter III, Section 2; and (b) testing or auditing procedures and verifications based on the data and documentation provided by the provider have been exhausted or proved insufficient.

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