Market Surveillance (EU AI Act)
Articles 70 et seq. — national AI oversight
Practitioner's note: This article is practice-oriented compliance documentation, not legal advice. We are a compliance specialist, not a law firm. For legally binding information please consult a licensed lawyer.
TL;DR
Market surveillance authorities under Articles 70 et seq. of the EU AI Act are the national authorities that enforce AI compliance. Compared with conventional market surveillance, they have expanded powers (Article 74).
What is Market Surveillance (EU AI Act)?
Powers (Article 74):
- Access to training data and model weights
- On-site inspections
- Order corrective measures
- Impose a market ban
- Impose fines (up to EUR 35 million / 7%)
DACH market surveillance authorities:
- Germany: BNetzA (lead), BfDI (for data protection aspects), BaFin (for financial AI)
- Austria: RTR + DSB
- Switzerland: no EU AI Act, but FINMA + Bakom for sector-specific AI
Practical example
Complaint to BNetzA: an HR AI tool discriminates against women aged 50 and over. BNetzA requests training data and bias tests. The provider must remediate or face a market ban.
Frequently asked questions
Who can file a complaint?
Any natural or legal person (Article 85).
Duration of proceedings?
Median of 12-18 months (analogous to GDPR practice).
Can I bring legal action?
Yes, administrative court action against the decisions.