Placing on the Market (EU AI Act)
Art. 3(9) EU AI Act — first making available on the market
TL;DR
Placing on the market means, pursuant to Art. 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 AI Act.
What is Placing on the Market (EU AI Act)?
Effect of the cut-off date:
- Placing on the market before the Annex III high-risk area becomes applicable: transitional periods apply (Art. 111)
- Substantial modification after placing on the market: counts as a new act (Art. 3(23))
- Free software models: Art. 2(12) — partly exempt, but GPAI obligations still apply
Practical example
A SaaS provider releases an HR AI system in Germany in May 2026. The AI system is thereby placed on the market. The Annex III high-risk obligations of Chapter III, Sections 1–3 from 2 December 2027 (Regulation (EU) 2026/1744 (Digital Omnibus AI), in force since 27 July 2026) apply to all versions still available at that time.
Frequently asked questions
Is a beta programme enough?
If it is externally available (even on a restricted basis) — yes. Internal beta tests within the provider's own company: no.
What about open source models?
Art. 2(12): open source with accessible weights is exempt from many obligations — GPAI obligations (Art. 53) still apply.
Can placing on the market be reversed?
Yes, by withdrawing the product from the market + informing all deployers. Existing licences nevertheless remain effective.
See also
Practitioner note: This article is practice-oriented compliance documentation, not legal advice. We are compliance specialists, not a law firm. For legally binding advice, consult an admitted lawyer.