Provider (EU AI Act)
Definition under Art. 3(3) of the EU AI Act — who develops AI systems or places them on the market
TL;DR
A provider under Art. 3(3) of the EU AI Act (Regulation (EU) 2024/1689) is a natural or legal person, public authority, agency or other body that develops an AI system or a GPAI model, or has one developed, and places it on the market or puts it into service under its own name or trademark — whether for payment or free of charge.
What is a provider under the EU AI Act?
Providers carry the main burden of obligations under the AI Act — particularly for high-risk AI:
- Art. 9: risk management system
- Art. 10: data governance
- Art. 11: technical documentation under Annex IV
- Art. 12: logging concept
- Art. 13: transparency towards deployers
- Art. 14: human oversight
- Art. 15: accuracy/robustness/cybersecurity
- Art. 17: quality management system manual
- Art. 43: conformity assessment
- Art. 49: registration in the EU database
Practical example
Examples of providers:
- OpenAI (ChatGPT — GPAI provider)
- Anthropic (Claude — GPAI provider)
- Google (Gemini — GPAI provider)
- SAP (HR recruiting tool — high-risk, Annex III)
- an SME distributing its own RAG system under its own name
Frequently asked questions
Do I become a provider if I integrate ChatGPT into our software?
No, provided you keep the OpenAI trademark and use the model unchanged. Where there is re-branding or a substantial modification (Art. 25), you may become a provider.
What is a 'substantial modification'?
A significant change to the intended purpose or the functionality (Art. 25). Example: a RAG system built on a GPAI model and marketed as an 'AI assistant for law' → provider.
What are the fines for breaching provider obligations?
Art. 99 of the EU AI Act: up to EUR 15 million / 3 % of worldwide annual turnover for high-risk breaches; up to EUR 35 million / 7 % for breaches of Art. 5.
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 information, consult an admitted lawyer.