What EU AI Act - Judicial Redress Against Providers and Deployers: Draft Article 81 Remedy Not Retained in Regulation (EU) 2024/1689 requires
The standalone right to an effective judicial remedy against a provider or deployer that appeared in draft versions of the EU AI Act was not retained in the final Regulation (EU) 2024/1689; in the adopted text, Article 81 is the Union safeguard procedure, a Commission-level mechanism for reviewing contested national market surveillance measures, not an individual redress right. The individual-rights regime of the final Act consists of Article 85 (right to lodge a complaint with a market surveillance authority) and Article 86 (right to explanation of individual decision-making, exercisable against the deployer of a high-risk AI system). Private redress against providers and deployers for harm linked to EU AI Act non-compliance runs through national civil liability law, the revised Product Liability Directive (EU) 2024/2853 which expressly covers software including AI systems, and the Representative Actions Directive (EU) 2020/1828, to whose Annex I the EU AI Act is added by Article 110 of the Regulation, enabling consumer collective redress for AI Act infringements.
Pillar: AI Governance & Law · Authority: European Commission · Version: 1.1.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024R1689
SHA-256 integrity: 5d14362f9998850a5e667c21aa83cfd4883610307b9d6ef66f9ce1c0d34b1abe
Primary Citations — 7 traced to source
- {"title":"Regulation (EU) 2024/1689 (EU AI Act) - Full Text","url":"https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024R1689","relevance":"The final adopted Regulation. Its Article 81 is the Union safeguard procedure, a Commission-level review mechanism for contested national market surveillance measures; the final text contains no standalone article granting natural persons a judicial remedy against a provider or deployer, which appeared only in draft versions of the Act"}
- {"title":"Regulation (EU) 2024/1689 - Article 81: Union Safeguard Procedure","url":"https://artificialintelligenceact.eu/article/81/","relevance":"The final Article 81: where a Member State market surveillance authority objects to another Member State's enforcement measure or the Commission considers a national measure contrary to Union law, the Commission evaluates the measure and decides whether it is justified; confirms that final Article 81 is an inter-authority safeguard mechanism, not an individual redress right"}
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