Placing on the Market (EU AI Act)
Article 3(9) EU AI Act - first making available on the market
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
Placing on the market means, pursuant to Article 3(9) EU AI Act, the first making available of an AI system on the Union market. Placing on the market triggers all provider obligations under the EU AI Act.
What is Placing on the Market (EU AI Act)?
Effect of the cut-off date:
- Placing on the market before the applicability of the Annex III high-risk regime: transitional periods apply (Article 111)
- Substantial modification after placing on the market: deemed a new act (Article 3 No. 23)
- Free software models: Article 2(12) - partially exempted, but GPAI obligations still apply
Practical example
A SaaS provider releases an HR AI in Germany in May 2026. With this, the AI has been placed on the market. High-risk obligations from 02 August 2026 (Digital Omnibus proposal 19 November 2025: postponement to 02 December 2027 - trilogue ongoing, not adopted) apply to all versions still available thereafter.
Frequently asked questions
Is a beta program sufficient?
If externally available (even on a limited basis) - yes. Internal beta tests within the provider's company: no.
What about open-source models?
Article 2(12): open source with accessible weights is exempt from many obligations - GPAI obligations (Article 53) still apply.
Can I reverse placing on the market?
Yes, through market withdrawal + informing all deployers. However, existing licenses remain effective.