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

Article 37
Challenge to the competence of notified bodies

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

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. The Commission shall, where necessary, investigate all cases where there are reasons to doubt the competence of a notified body or the continued fulfilment by a notified body of the requirements laid down in Article 31 and of its applicable responsibilities.

2. The notifying authority shall provide the Commission, on request, with all relevant information relating to the notification or the maintenance of the competence of the notified body concerned.

3. The Commission shall ensure that all sensitive information obtained in the course of its investigations pursuant to this Article is treated confidentially in accordance with Article 78.

4. Where the Commission ascertains that a notified body does not meet or no longer meets the requirements for its notification, it shall inform the notifying Member State accordingly and request it to take the necessary corrective measures, including the suspension or withdrawal of the notification if necessary. Where the Member State fails to take the necessary corrective measures, the Commission may, by means of an implementing act, suspend, restrict or withdraw the designation. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 98(2).

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. 37(1)Enforcement powerHigh-risk

    The Commission must investigate cases where there are reasons to doubt a notified body’s competence or continued fulfilment of requirements and responsibilities.

    "The Commission shall, where necessary, investigate all cases where there are reasons to doubt the competence of a notified body or the continued fulfilment by a notified body of the requirements laid down in Article 31 and of its applicable responsibilities."
    Who
    Commission
    From
    (Art. 113(b))
    Legal practice
    Institutional — Notified-body infrastructure; indirect relevance to legal-AI vendors seeking or relying on high-risk conformity assessment.
    See
    Art. 31

  2. Art. 37(2)Cooperation with authoritiesHigh-risk

    The notifying authority must provide the Commission, on request, information relating to notification or maintenance of the body’s competence.

    "The notifying authority shall provide the Commission, on request, with all relevant information relating to the notification or the maintenance of the competence of the notified body concerned."
    Who
    Notifying authority
    From
    (Art. 113(b))
    Legal practice
    Institutional — Notified-body infrastructure; indirect relevance to legal-AI vendors seeking or relying on high-risk conformity assessment.

  3. Art. 37(3)Record keepingHigh-risk

    The Commission must ensure sensitive information obtained in Article 37 investigations is treated confidentially under Article 78.

    "The Commission shall ensure that all sensitive information obtained in the course of its investigations pursuant to this Article is treated confidentially in accordance with Article 78."
    Who
    Commission
    From
    (Art. 113(b))
    Legal practice
    Institutional — Notified-body infrastructure; indirect relevance to legal-AI vendors seeking or relying on high-risk conformity assessment.
    See
    Art. 78

  4. Art. 37(4)Enforcement powerHigh-risk

    If the Commission finds a notified body non-compliant, it must inform the notifying Member State and request corrective measures; failing that, it may suspend, restrict or withdraw designation by implementing act.

    "Where the Commission ascertains that a notified body does not meet or no longer meets the requirements for its notification, it shall inform the notifying Member State accordingly and request it to take the necessary corrective measures, including the suspension or withdrawal of the notification if necessary. Where the Member State fails"
    Who
    Commission, Member State
    From
    (Art. 113(b))
    Legal practice
    Institutional — Notified-body infrastructure; indirect relevance to legal-AI vendors seeking or relying on high-risk conformity assessment.
    See
    Art. 98(2)

Cite

Regulation (EU) 2024/1689, Article 37 (Challenge to the competence of notified bodies), 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_37 — 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-37, accessed 2026-09-08, CC BY 4.0.