Article 23a, Conditions for other persons to be subject to the obligations of a provider, Artificial Intelligence Act (Proposal 25.11.2022)
1. Any natural or legal person shall be considered a provider of a new high-risk AI system for the purposes of this Regulation and shall be subject to the obligations of the provider under Article 16, in any of the following circumstances:
(a) they put their name or trademark on a high-risk AI system already placed on the market or put into service, without prejudice to contractual arrangements stipulating that the obligations are allocated otherwise;
(b) [deleted]
(c) they make a substantial modification to a high-risk AI system already placed on the market or put into service;
(d) they modify the intended purpose of an AI system which is not high-risk and is already placed on the market or put ito service, in a way which makes the modified system a high-risk AI system;
(e) they place on the market or put into service a general purpose AI system as a high-risk AI system or as a component of a high-risk AI system.
2. Where the circumstances referred to in paragraph 1, point (a) or (c), occur, the provider that initially placed the high-risk AI system on the market or put it into service shall no longer be considered a provider for the purposes of this Regulation.
3. For high-risk AI systems that are safety components of products to which the legal acts listed in Annex II, section A apply, the manufacturer of those products shall be considered the provider of the high-risk AI system and shall be subject to the obligations under Article 16 under either of the following scenarios:
(i) the high-risk AI system is placed on the market together with the product under the name or trademark of the product manufacturer;
(ii) the high-risk AI system is put into service under the the name or trademark of the product manufacturer after the product has been placed on the market.
Important note: This is not the final text of the Artificial Intelligence Act. This is the text of the proposal from the Council of the European Union (25.11.2022).
The Articles of the EU Artificial Intelligence Act, proposal from the Council of the European Union (25.11.2022):