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
Post-Market Monitoring (PMM) under Article 72 EU AI Act is the obligation of high-risk AI providers to continuously monitor the system after market placement. Scope: collecting and analysing performance data, incidents and complaints. Date of application: 02 August 2026 (Digital Omnibus proposal of 19 November 2025: postponement to 02 December 2027 — trilogue ongoing, not yet adopted).
What is Post-Market Monitoring (Article 72)?
Required PMM plan content (Article 72(1)):
Monitoring methodology
Mechanisms for collecting performance data
Reporting frequency
Corrective action triggers
Interface with incident reporting (Article 73)
Link to Article 73 (serious incident reporting): within 15 days of becoming aware, notify the market surveillance authority.
Practical example
PMM for an HR recruiting tool:
- Quarterly bias audit (protected characteristics)
- Sample reviews of recommendations
- Complaints tracking
- Performance drift monitoring
Frequently asked questions
How does PMM differ from effectiveness measurement?
Effectiveness measurement (Article 9 risk management) takes place throughout the lifecycle. PMM applies specifically after market placement — including after sale to a deployer.
Must deployers support PMM?
Yes, through logs (Article 26(6)) and notification in the event of incidents. A DPA-style agreement is advisable.
What are 'serious incidents' (Article 73)?
Incidents involving death/serious physical injury, serious damage to property/environment, or serious infringement of fundamental rights. Reporting obligation: 15 days.