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Regulation Tracker / EU AI Act / Chapter III · Section 4

Article 28
Notifying authorities

Chapter III — Classification rules for high-risk AI systems, Section 4 — Notifying authorities. 9 distinct duties, powers or definitions are coded from this article, applying from 2025-08-02.

Amended by Regulation (EU) 2026/1744 (Digital Omnibus on AI), in force 2026-07-27 — about 188 words changed. The text below is the consolidated version of 27 July 2026; the 2024 text and the amending regulation are on EUR-Lex.

official text: EUR-Lex (consolidated 27 Jul 2026) · text © European Union (Decision 2011/833/EU) · coding CC BY 4.0 · data: obligations.json · Hugging Face · GitHub

The text

1. Each Member State shall designate or establish at least one notifying 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. Those procedures shall be developed in cooperation between the notifying authorities of all Member States.

2. Member States may decide that the assessment and monitoring referred to in paragraph 1 is to be carried out by a national accreditation body within the meaning of, and in accordance with, Regulation (EC) No 765/2008.

3. Notifying authorities shall be established, organised and operated in such a way that no conflict of interest arises with conformity assessment bodies, and that the objectivity and impartiality of their activities are safeguarded.

4. Notifying authorities shall be organised in such a way that decisions relating to the notification of conformity assessment bodies are taken by competent persons different from those who carried out the assessment of those bodies.

5. Notifying authorities shall offer or provide neither any activities that conformity assessment bodies perform, nor any consultancy services on a commercial or competitive basis.

6. Notifying authorities shall safeguard the confidentiality of the information that they obtain, in accordance with Article 78.

7. Notifying authorities shall have an adequate number of competent personnel at their disposal for the proper performance of their tasks. Competent personnel shall have the necessary expertise, where applicable, for their function, in fields such as information technologies, AI and law, including the supervision of fundamental rights.

8. Notifying authorities designated pursuant to this Regulation that are responsible for AI systems covered by the Union harmonisation legislation listed in Section A of Annex I shall ensure that the conformity assessment body that applies for designation both pursuant to this Regulation and the Union harmonisation legislation listed in Section A of Annex I is provided with the possibility to submit a single application and undergoes a unified assessment procedure to be designated pursuant to this Regulation and Union harmonisation legislation listed in Section A of Annex I, where the relevant Union harmonisation legislation provides for such single application and unified assessment procedure. To that end, notifying authorities designated pursuant to this Regulation and those designated pursuant to the Union harmonisation legislation listed in Section A of Annex I shall cooperate in their assessments.

9. A notifying authority that has been designated pursuant to the Union harmonisation legislation listed in Section A of Annex I is also the notifying authority for the application of the single application and unified assessment procedure referred to in paragraph 8, unless the Member State designates another notifying authority for this Regulation.

What it requires, coded

SafeLegalAI's reading of each duty in this article: who, what, from when, under which fine tier, and whether it reaches a firm, chambers, court or legal-AI vendor. Descriptive, not advice; the quoted words are the Regulation's.

  1. Art. 28(1)Governance institutionalNot tier-specific

    Each Member State must designate or establish at least one notifying authority responsible for conformity-assessment-body assessment, designation, notification and monitoring procedures, developed in cooperation with other Member States’ authorities.

    "Each Member State shall designate or establish at least one notifying 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. Those procedures shall be developed in cooperation between the notifying authorities of all Member States."
    Who
    Member State, Notifying authority
    From
    (Art. 113(b) as amended by Reg. (EU) 2026/1744)
    Legal practice
    Institutional — Institutional conformity-assessment governance; relevant to legal-AI providers only indirectly through the availability and competence of notified bodies.

  2. Art. 28(2)Governance institutionalNot tier-specific

    Member States may decide that Article 28(1) assessment and monitoring are carried out by a national accreditation body under Regulation (EC) No 765/2008.

    "Member States may decide that the assessment and monitoring referred to in paragraph 1 is to be carried out by a national accreditation body within the meaning of, and in accordance with, Regulation (EC) No 765/2008."
    Who
    Member State, Notifying authority
    From
    (Art. 113(b) as amended by Reg. (EU) 2026/1744)
    Legal practice
    Institutional — Institutional conformity-assessment governance; relevant to legal-AI providers only indirectly through the availability and competence of notified bodies.
    See
    Regulation (EC) No 765/2008

  3. Art. 28(3)Governance institutionalNot tier-specific

    Notifying authorities must be established, organised and operated to avoid conflicts of interest with conformity assessment bodies and safeguard objectivity and impartiality.

    "Notifying authorities shall be established, organised and operated in such a way that no conflict of interest arises with conformity assessment bodies, and that the objectivity and impartiality of their activities are safeguarded."
    Who
    Notifying authority
    From
    (Art. 113(b) as amended by Reg. (EU) 2026/1744)
    Legal practice
    Institutional — Institutional conformity-assessment governance; relevant to legal-AI providers only indirectly through the availability and competence of notified bodies.

  4. Art. 28(4)Governance institutionalNot tier-specific

    Notifying authorities must be organised so notification decisions are taken by competent persons different from those who assessed the conformity assessment bodies.

    "Notifying authorities shall be organised in such a way that decisions relating to the notification of conformity assessment bodies are taken by competent persons different from those who carried out the assessment of those bodies."
    Who
    Notifying authority
    From
    (Art. 113(b) as amended by Reg. (EU) 2026/1744)
    Legal practice
    Institutional — Institutional conformity-assessment governance; relevant to legal-AI providers only indirectly through the availability and competence of notified bodies.

  5. Art. 28(5)Governance institutionalNot tier-specific

    Notifying authorities must not offer or provide conformity-assessment activities or consultancy services on a commercial or competitive basis.

    "Notifying authorities shall offer or provide neither any activities that conformity assessment bodies perform, nor any consultancy services on a commercial or competitive basis."
    Who
    Notifying authority
    From
    (Art. 113(b) as amended by Reg. (EU) 2026/1744)
    Legal practice
    Institutional — Institutional conformity-assessment governance; relevant to legal-AI providers only indirectly through the availability and competence of notified bodies.

  6. Art. 28(6)Governance institutionalNot tier-specific

    Notifying authorities must safeguard the confidentiality of information they obtain in accordance with Article 78.

    "Notifying authorities shall safeguard the confidentiality of the information that they obtain, in accordance with Article 78."
    Who
    Notifying authority
    From
    (Art. 113(b) as amended by Reg. (EU) 2026/1744)
    Legal practice
    Institutional — Institutional conformity-assessment governance; relevant to legal-AI providers only indirectly through the availability and competence of notified bodies.
    See
    Art. 78

  7. Art. 28(7)Governance institutionalNot tier-specific

    Notifying authorities must have enough competent personnel with necessary expertise, where applicable including information technologies, AI, law and fundamental-rights supervision.

    "Notifying authorities shall have an adequate number of competent personnel at their disposal for the proper performance of their tasks. Competent personnel shall have the necessary expertise, where applicable, for their function, in fields such as information technologies, AI and law, including the supervision of fundamental rights."
    Who
    Notifying authority
    From
    (Art. 113(b) as amended by Reg. (EU) 2026/1744)
    Legal practice
    Reaches legal-AI vendors or public bodies — Institutional conformity-assessment governance; relevant to legal-AI providers only indirectly through the availability and competence of notified bodies.

  8. Art. 28(8)Governance institutionalNot tier-specific

    Notifying authorities for AI systems covered by Annex I Section A harmonisation law must ensure applicants can use a single application and unified assessment where that law provides it, and must cooperate with corresponding authorities.

    "Notifying authorities designated pursuant to this Regulation that are responsible for AI systems covered by the Union harmonisation legislation listed in Section A of Annex I shall ensure that the conformity assessment body that applies for designation both pursuant to this Regulation and the Union harmonisation legislation listed in Section A of Annex I is provided with the possibility to"
    Who
    Notifying authority
    From
    (Art. 113(b) as amended by Reg. (EU) 2026/1744)Inserted by Regulation (EU) 2026/1744, in force 2026-07-27.
    Legal practice
    Institutional — Institutional conformity-assessment governance; relevant to legal-AI providers only indirectly through the availability and competence of notified bodies.
    See
    Annex I Section A

  9. Art. 28(9)Governance institutionalNot tier-specific

    A notifying authority designated under Annex I Section A harmonisation law is also the notifying authority for the single application and unified assessment procedure unless the Member State designates another AI Act authority.

    "A notifying authority that has been designated pursuant to the Union harmonisation legislation listed in Section A of Annex I is also the notifying authority for the application of the single application and unified assessment procedure referred to in paragraph 8, unless the Member State designates another notifying authority for this Regulation."
    Who
    Member State, Notifying authority
    From
    (Art. 113(b) as amended by Reg. (EU) 2026/1744)Inserted by Regulation (EU) 2026/1744, in force 2026-07-27.
    Legal practice
    Institutional — Institutional conformity-assessment governance; relevant to legal-AI providers only indirectly through the availability and competence of notified bodies.
    See
    Annex I Section A

Cite

Regulation (EU) 2024/1689, Article 28 (Notifying authorities), as amended by Regulation (EU) 2026/1744, consolidated text of 27 July 2026, https://eur-lex.europa.eu/eli/reg/2024/1689/2026-07-27/eng#art_28 — text © European Union; only the Official Journal is authentic. Coding: SafeLegalAI (published by Cognesio LLP), "EU AI Act, structured", safelegalai.com/regulation/eu-ai-act/article-28, accessed 2026-09-08, CC BY 4.0.