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Artificial Intelligence Act

The Artificial Intelligence Act (AI Act)entered into force in the European Union on 1 August 2024. It is globally the first comprehensive legal framework on AI, aiming to foster the development and uptake of safe and trustworthy AI systems across the EU, and the respect of fundamental rights, safety, and ethical principles by addressing the risks of powerful AI models.

Where EU institutions, bodies, offices and agencies (EUIs) AI systems fall within the scope of the AI Act, the EDPS acts as the competent authority for their supervision. In this capacity, the EDPS is tasked with the monitoring of the implementation and compliance with the AI Act in the EUIs and is entitled, under certain conditions, to impose administrative fines, on those failing to comply with the AI Act.

Under the AI Act, the EDPS acts as the market surveillance authority and notified body of EUIs that fall within the scope of the AI Act.

 market surveillance authority is defined by the AI Act as the national authority carrying out the activities and taking the measures pursuant to Regulation 2019/1020. Regulation 2019/1020 defines market surveillance as “the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements set out in the applicable Union harmonisation legislation and to ensure protection of the public interest covered by that legislation”.

A notified body is defined by the AI Act as a conformity assessment body notified in accordance with the AI Act and other relevant Union harmonisation legislation that performs third-party conformity assessment activities, including testing, certification and inspection.

The EDPS carries out its competences, tasks and powers under the AI Act without prejudice to the competences, tasks, powers and independence under applicable data protection legislation, in particular Regulation (EU) 2018/1725. 

Complaints under the AI Act

Any natural or legal person who has grounds to consider that there has been an infringement of the provisions of the AI Act relating to an AI system of an EUI may submit a complaint to the EDPS in its role as a Market Surveillance Authority under the AI Act. 
More information on how to submit a complaint and the EDPS Complaint Form under the AI Act is available here.

Additional information

The EDPS' work under the scope of the AI Act is available on this page.

Article 77 AI Act

Under Article 77(2) of the AI Act, the EDPS (as Market Surveillance Authority of the European Union Institutions, Agencies and Bodies) is required to make publicly available the list of the EU public authorities and bodies falling within the scope of Article 77(1) of the AI Act which supervise or enforce the respect of obligations under Union law protecting fundamental rights in relation to the use of high-risk AI systems. 

Within the European Data Protection Supervisor's scope competences under the AI Act, and in line with the obligation stated above, the following bodies have been identified: