What EU AI Act Collective Redress for Affected Persons - Representative Actions via Article 110 and Directive (EU) 2020/1828 requires
The draft EU AI Act article that would have allowed affected persons to mandate not-for-profit bodies to act on their behalf, modelled on GDPR Article 80, was not retained in the final Regulation (EU) 2024/1689; in the final Act, Article 82 instead concerns compliant AI systems which present a risk. Collective redress for AI Act infringements runs through Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers: Article 110 of the AI Act adds Regulation (EU) 2024/1689 as point (68) of Annex I to that Directive, so qualified entities designated by Member States can bring representative actions seeking injunctive measures, redress measures, or both where AI Act infringements harm the collective interests of consumers. Individuals also hold the Article 85 right to lodge a complaint with a market surveillance authority and the Article 86 right to explanation of individual decision-making.
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: ae2878785386483ec8ecf51d2194d0091e01f0c932400cc846cdbf1909b5f99b
Primary Citations — 6 traced to source
- {"title":"Regulation (EU) 2024/1689 - Article 110: Amendment to Directive (EU) 2020/1828","url":"https://artificialintelligenceact.eu/article/110/","relevance":"Final EU AI Act provision that adds Regulation (EU) 2024/1689 as point (68) of Annex I to Directive (EU) 2020/1828, bringing infringements of the AI Act within the scope of representative actions for the protection of the collective interests of consumers"}
- {"title":"Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC","url":"https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32020L1828","relevance":"Representative Actions Directive under which qualified entities designated by Member States, such as consumer organisations or public bodies, bring representative actions before national courts or administrative authorities on behalf of groups of consumers seeking injunctive measures, redress measures such as refund, replacement or repair, or both; Annex I lists the Union law provisions, including the AI Act via point (68), whose infringement can be pursued"}
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