Article 77 Powers of authorities protecting fundamental rights and cooperation with market surveillance authorities

This article establishes a cooperation and information-sharing bridge between market surveillance authorities and the national public authorities or bodies responsible for enforcing fundamental rights obligations under Union law.

It grants those fundamental rights bodies the power to access relevant information held by market surveillance authorities, and it places a reciprocal obligation on both sides to cooperate closely.

Where documentation alone is insufficient to determine whether a fundamental rights infringement has occurred, the article goes further by allowing those bodies to request that market surveillance authorities organise technical testing of a high-risk AI system.

Important points:

• National public authorities responsible for supervising fundamental rights obligations are entitled to request and access information or documentation from market surveillance authorities where needed to fulfil their mandates.
• Market surveillance authorities are required to grant that access, cooperate closely with those bodies, and, where documentation falls short, organise technical testing of high-risk AI systems upon reasoned request.
• Member States were required to identify and publish a list of the relevant fundamental rights bodies by 2 November 2024, and notify that list to the Commission and other Member States.