Applies toEUDE

Post-Market Monitoring (Article 72)

Provider monitoring after market placement

TL;DR

Post-market monitoring (PMM) under Art. 72 EU AI Act (Regulation (EU) 2024/1689) is the obligation on providers of high-risk AI systems to monitor the system continuously after market placement. Content: collecting and analysing performance data, incidents and complaints. The general date of application of 2 August 2026 remains; the high-risk obligations in Chapter III, Sections 1–3 apply to Annex III systems only from 2 December 2027 and to Annex I systems from 2 August 2028 (Regulation (EU) 2026/1744 (Digital Omnibus AI), in force since 27 July 2026).

What is Post-Market Monitoring (Article 72)?

Contents of the PMM plan (Art. 72(1)):

  • Monitoring methodology
  • Collection mechanisms for performance data
  • Reporting frequency
  • Triggers for corrective action
  • Interface with incident reporting (Art. 73)

Link to Art. 73 (reporting of serious incidents): to the market surveillance authority within 15 days of becoming aware.

Practical example

PMM for an HR recruiting tool:

  • Quarterly bias audit (protected characteristics)
  • Sample reviews of the recommendations
  • Complaints tracking
  • Performance drift monitoring

Frequently asked questions

How does PMM differ from effectiveness measurement?
Effectiveness measurement (Art. 9 risk management) takes place during the lifecycle. PMM applies specifically after market placement — including after sale to a deployer.
Do deployers have to support PMM?
Yes, through logs (Art. 26(6)) and information in the event of incidents. An agreement similar to a data processing agreement is advisable.
What are 'serious incidents' (Art. 73)?
Incidents involving death or serious harm to health, serious damage to property or the environment, or a serious infringement of fundamental rights. Reporting obligation: 15 days.

See also

Practitioner note: This article is practice-oriented compliance documentation, not legal advice. We are a compliance specialist, not a law firm. For legally binding information, consult a qualified lawyer.