EU AI Act · Article 3(3) · Article 3(4)
Provider or deployer?
Article 50(1) binds the provider of an AI system that interacts directly with people. Which side of that line you are on turns on two definitions. Here they are word for word, then up to three questions.
Provider — Article 3(3)
‘provider’ means a natural or legal person, public authority, agency or other body that develops an AI system or a general-purpose AI model or that has an AI system or a general-purpose AI model developed and places it on the market or puts the AI system into service under its own name or trademark, whether for payment or free of charge;
The two conditions are cumulative: developing the system or having it developed, and placing it on the market or putting it into service under your own name or trademark. Branding alone does not meet this definition.
Deployer — Article 3(4)
‘deployer’ means a natural or legal person, public authority, agency or other body using an AI system under its authority except where the AI system is used in the course of a personal non-professional activity;
Which one are you?
A general reading of the definitions against your answers, not legal advice on your situation. aiterms is not a law firm.
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