Art. 75d Safeguards and further specification | AI act regulation | AI act

This article establishes the procedural safeguards that apply to operators falling under the AI Office's supervisory competence, as defined in Article 75(1).

It sits alongside Articles 75b and 75c, which deal with commitments and non-compliance decisions respectively, and provides the due process framework that underpins those enforcement actions.

The article covers three core procedural matters: the application of existing EU market surveillance procedural rules, the rights of operators during proceedings, and the publication of decisions made by the AI Office.

Important points:

Operators subject to the AI Office's competence have the right to access the AI Office's file, but this is subject to negotiated disclosure terms, and does not extend to confidential information, internal documents, or correspondence between the AI Office and public authorities.
The AI Office has the power to adopt decisions on the terms of file disclosure where the parties cannot agree, and can still disclose and use information necessary to prove an infringement regardless of any access limitations.
The AI Office is required to publish decisions adopted under Articles 75b and 75c, including the names of the parties and any penalties imposed, while having regard to the protection of confidential information.

1. Article 18 of Regulation (EU) 2019/1020 shall apply mutatis mutandis to operators subject to the AI Office’s competence pursuant to Article 75(1) of this Regulation, without prejudice to more specific procedural rights provided for in this Regulation.
1. The rights of defence and of access to the file of operators falling within the scope of Article 75(1) shall be fully respected in proceedings. In view of the possible adoption of decisions on the basis of Article 75c(1), those operators shall be entitled to have access to the AI Office file under the terms of a negotiated disclosure, subject to the legitimate interest of the operator or other person concerned in the protection of their business secrets. The AI Office shall have the power to adopt decisions setting out such terms of disclosure in the case of disagreement between the parties. The right of access to the file shall not extend to confidential information and internal documents of the AI Office, the Board, competent market surveillance authorities or other public authorities of the Member States. In particular, the right of access shall not extend to correspondence between the AI Office and those authorities. Nothing in this paragraph shall prevent the AI Office from disclosing and using information necessary to prove an infringement.
1. The Commission may adopt implementing acts concerning the practical arrangements for access to the file and the negotiated disclosure of information provided for in paragraph 2.
1. The AI Office shall publish the decisions it adopts pursuant to Articles 75b and 75c. Such publication shall state the names of the parties and the main content of the decision, including any penalties imposed. The publication shall have regard to the rights and legitimate interests of any person concerned in the protection of their confidential information.