The Artificial Intelligence Act entered into force in the European Union on 1 August 2024. It is globally the first legal framework on AI, aiming to foster the development and uptake of safe and trustworthy AI systems across the EU, and the respect of fundamental rights, safety, and ethical principles by addressing the risks of powerful AI models.
Where EU institutions, bodies, offices and agencies (EUIs) fall within the scope of the AI Act, the EDPS acts as the competent authority for their supervision. In this capacity, the EDPS is tasked with the monitoring of the implementation and respect of the AI Act in the EUIs and is entitled to impose administrative fines, under certain conditions, on those failing to comply with the regulation.
Similarly, the EDPS acts as the market surveillance authority, notifying body and notifying authority of EUIs that fall within the scope of the AI Act.
A market surveillance authority is defined by the AI Act as the national authority carrying out the activities and taking the measures pursuant to Regulation 2019/1020. Regulation 2019/1020 defines market surveillance as “the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements set out in the applicable Union harmonisation legislation and to ensure protection of the public interest covered by that legislation”.
A notified body is defined by the AI Act as a conformity assessment body notified in accordance with this Regulation and other relevant Union harmonisation legislation.
A notifying authority means the national authority responsible for setting up and carrying out the necessary procedures for the assessment, designation and notification of conformity assessment bodies and for their monitoring.
With the entering into force of the AI Act, the EDPS is carrying out its tasks under the AI Act without prejudice to the competences, tasks, powers and independence under applicable data protection legislation, in particular Regulation (EU) 2018/1725.
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Article 77 AI Act
Under Article 77(2) of the AI Act, the EDPS (as Market Surveillance Authority of the European Union Institutions, Agencies and Bodies) is required to make publicly available the list of the EU public authorities falling within the scope of Article 77(1) of the AI Act.
Within the European Data Protection Supervisor's scope competences under the AI Act, and in line with the obligation stated above, the following institutions have been identified:
- European Data Protection Supervisor (EDPS)
- European Ombudsman
- Authority for European Political Parties and Political Foundations (APPF)