# Extract — AI Act Articles 26, 27: Deployer obligations and FRIA **Source**: `sources.yaml` id `ai-act-en-eurlex` **Document**: Regulation (EU) 2024/1689 **Accessed**: 2026-04-25 **Licence**: EU legislative text — public domain **Citation**: Regulation (EU) 2024/1689, Articles 26, 27 --- ## Article 26 — Obligations of deployers of high-risk AI systems **1.** Deployers of high-risk AI systems shall take appropriate technical and organisational measures to ensure they use such systems in accordance with the **instructions for use** accompanying the systems, pursuant to paragraphs 3 and 6. **2.** Deployers shall **assign human oversight** to natural persons who have the necessary competence, training and authority, as well as the necessary support. **3.** The obligations set out in paragraphs 1 and 2 are **without prejudice to other deployer obligations** under Union or national law and to the deployer's freedom to organise its own resources and activities for the purpose of implementing the human oversight measures indicated by the provider. **4.** Without prejudice to paragraphs 1 and 2, to the extent the deployer **exercises control over the input data**, that deployer shall ensure that input data is **relevant and sufficiently representative** in view of the intended purpose of the high-risk AI system. **5.** Deployers shall **monitor the operation** of the high-risk AI system on the basis of the instructions for use and, where relevant, inform providers in accordance with Article 72. Where deployers have reason to consider that the use of the high-risk AI system in accordance with the instructions may result in that AI system **presenting a risk** within the meaning of Article 79(1), they shall, without undue delay, **inform the provider or distributor and the relevant market surveillance authority, and shall suspend the use** of that system. Where deployers have identified a **serious incident**, they shall also immediately inform first the provider, and then the importer or distributor and the relevant market surveillance authorities of that incident. If the deployer is not able to reach the provider, Article 73 shall apply mutatis mutandis. This obligation shall not cover sensitive operational data of deployers of AI systems which are law enforcement authorities. For deployers that are financial institutions subject to requirements regarding their internal governance, arrangements or processes under Union financial services law, the monitoring obligation set out in the first subparagraph shall be deemed to be fulfilled by complying with the rules on internal governance arrangements or processes pursuant to the relevant Union financial services law. **6.** Deployers of high-risk AI systems shall keep the **logs automatically generated** by that high-risk AI system to the extent such logs are under their control, for a period appropriate to the intended purpose of the high-risk AI system, of at least **six months**, unless provided otherwise in applicable Union or national law, in particular Union law on the protection of personal data. Deployers that are financial institutions subject to requirements regarding their internal governance, arrangements or processes under Union financial services law shall maintain the logs as part of the documentation kept pursuant to the relevant Union financial services law. **7.** Before putting into service or using a high-risk AI system at the workplace, deployers who are employers shall **inform workers' representatives and the affected workers that they will be subject to the use of the high-risk AI system**. This information shall be provided, where applicable, in accordance with the rules and procedures laid down in Union and national law and practice on information of workers and their representatives. **8.** Deployers of high-risk AI systems that are public authorities, or Union institutions, bodies, offices or agencies, shall **comply with the registration obligations** referred to in Article 49. When such deployers find that the high-risk AI system that they envisage using has not been registered in the EU database referred to in Article 71, they shall not use that system and shall inform the provider or the distributor. **9.** Where applicable, deployers of high-risk AI systems shall use the information provided under Article 13 to **comply with their obligation to carry out a data protection impact assessment** under Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680. **10.** Without prejudice to Directive (EU) 2016/680, in the framework of an investigation for the targeted search of a person suspected or convicted of having committed a criminal offence, the deployer of a high-risk AI system for **post-remote biometric identification** shall request an authorisation, ex ante or without undue delay and no later than 48 hours, by a judicial authority or by an administrative authority whose decision is binding and subject to judicial review, for the use of that system, except when it is used for the initial identification of a potential suspect based on objective and verifiable facts directly linked to the offence. Each use shall be limited to what is strictly necessary for the investigation of a specific criminal offence. If the authorisation requested pursuant to the first subparagraph is rejected, the use of the post-remote biometric identification system linked to that requested authorisation shall be stopped with immediate effect and the personal data linked to the use of the high-risk AI system for which the authorisation was requested shall be deleted. **11.** Without prejudice to Article 50, deployers of high-risk AI systems referred to in Annex III that make decisions or assist in making decisions related to natural persons shall **inform the natural persons that they are subject to the use of the high-risk AI system**. For high-risk AI systems used for law enforcement purposes Article 13 of Directive (EU) 2016/680 shall apply. **12.** Deployers shall **cooperate** with the relevant competent authorities in any action those authorities take in relation to the high-risk AI system in order to implement this Regulation. --- ## Article 27 — Fundamental rights impact assessment for high-risk AI systems **1.** Prior to deploying a high-risk AI system referred to in Article 6(2), with the exception of high-risk AI systems intended to be used in the area listed in point 2 of Annex III, **deployers that are bodies governed by public law, or are private entities providing public services, and deployers of high-risk AI systems referred to in points 5(b) and 5(c) of Annex III**, shall perform an assessment of the impact on fundamental rights that the use of such system may produce. For that purpose, deployers shall perform an assessment consisting of: - **(a)** a description of the deployer's processes in which the high-risk AI system will be used in line with its intended purpose; - **(b)** a description of the period of time within which, and the frequency with which, each high-risk AI system is intended to be used; - **(c)** the categories of natural persons and groups likely to be affected by its use in the specific context; - **(d)** the specific risks of harm likely to have an impact on the categories of natural persons or groups of persons identified pursuant to point (c) of this paragraph, taking into account the information given by the provider pursuant to Article 13; - **(e)** a description of the implementation of human oversight measures, according to the instructions for use; - **(f)** the measures to be taken in the case of the materialisation of those risks, including the arrangements for internal governance and complaint mechanisms. **2.** The obligation laid down in paragraph 1 applies to the **first use of the high-risk AI system**. The deployer may, in similar cases, rely on previously conducted fundamental rights impact assessments or existing impact assessments carried out by the provider. If, during the use of the high-risk AI system, the deployer considers that any of the elements listed in paragraph 1 has changed or is no longer up to date, the deployer shall **take the necessary steps to update the information**. **3.** Once the assessment referred to in paragraph 1 of this Article has been performed, the deployer shall **notify the market surveillance authority of its results**, by submitting the filled-out template referred to in paragraph 5 of this Article as part of the notification. In the case referred to in Article 46(1), deployers may be exempt from that obligation to notify. **4.** If any of the obligations laid down in this Article is already met through the **data protection impact assessment** conducted pursuant to Article 35 of Regulation (EU) 2016/679 or Article 27 of Directive (EU) 2016/680, **the fundamental rights impact assessment referred to in paragraph 1 of this Article shall complement that data protection impact assessment**. **5.** The AI Office shall develop a **template for a questionnaire**, including through an automated tool, to facilitate deployers in complying with their obligations under this Article in a simplified manner. --- ## Notes for the skill - **Who must do FRIA**: bodies governed by public law; private entities providing public services; deployers of Annex III 5(b) (creditworthiness) and 5(c) (life/health insurance pricing). Annex III area 2 (critical infrastructure) is **excluded** from FRIA obligation. - FRIA applies to **first use**; updates required when elements change. - FRIA can be **partially relied upon from prior FRIAs** of similar deployments; explicit reliance must be documented. - FRIA **complements** DPIA (Art. 35 GDPR / Art. 27 LED) — combine in practice; do not duplicate. - AI Office template (Art. 27(5)) — track for the official questionnaire; adopt when published. - **Penalties** for non-compliance with deployer obligations (Art. 26, 27): up to **EUR 15 000 000 or 3% of total worldwide annual turnover** (Art. 99(4)).