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Regulation Tracker / EU AI Act / Chapter IX · Section 3

Article 75d
Safeguards and further specification

Chapter IX — Post-market monitoring by providers and post-market monitoring plan for high-risk AI systems, Section 3 — Market surveillance and control of AI systems in the Union market. 5 distinct duties, powers or definitions are coded from this article, applying from 2026-08-02.

Inserted by Regulation (EU) 2026/1744 (Digital Omnibus on AI), in force 2026-07-27. The text below is the consolidated version of 27 July 2026; 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. Article 18 of Regulation (EU) 2019/1020 shall apply mutatis mutandis to operators subject to the AI Office’s competence pursuant to Article 75(1) of this Regulation, without prejudice to more specific procedural rights provided for in this Regulation.

2. The rights of defence and of access to the file of operators falling within the scope of Article 75(1) shall be fully respected in proceedings. In view of the possible adoption of decisions on the basis of Article 75c(1), those operators shall be entitled to have access to the AI Office file under the terms of a negotiated disclosure, subject to the legitimate interest of the operator or other person concerned in the protection of their business secrets. The AI Office shall have the power to adopt decisions setting out such terms of disclosure in the case of disagreement between the parties. The right of access to the file shall not extend to confidential information and internal documents of the AI Office, the Board, competent market surveillance authorities or other public authorities of the Member States. In particular, the right of access shall not extend to correspondence between the AI Office and those authorities. Nothing in this paragraph shall prevent the AI Office from disclosing and using information necessary to prove an infringement.

3. The Commission may adopt implementing acts concerning the practical arrangements for access to the file and the negotiated disclosure of information provided for in paragraph 2.

4. The AI Office shall publish the decisions it adopts pursuant to Articles 75b and 75c. Such publication shall state the names of the parties and the main content of the decision, including any penalties imposed. The publication shall have regard to the rights and legitimate interests of any person concerned in the protection of their confidential information.

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. 75d(1)Right of personNot tier-specific

    Article 18 of Regulation 2019/1020 procedural safeguards apply mutatis mutandis to operators under AI Office competence, without prejudice to more specific AI Act rights.

    "Article 18 of Regulation (EU) 2019/1020 shall apply mutatis mutandis to operators subject to the AI Office’s competence pursuant to Article 75(1) of this Regulation"
    Who
    Any operator
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Reaches legal-AI vendors or public bodies — Legal-AI operators under AI Office competence receive procedural safeguards.
    See
    Art. 75(1) · Regulation (EU) 2019/1020 Article 18

  2. Art. 75d(2)Right of personNot tier-specific

    Operators under Article 75(1) have rights of defence and access to the AI Office file through negotiated disclosure, subject to protection of business secrets and confidential information.

    "The rights of defence and of access to the file of operators falling within the scope of Article 75(1) shall be fully respected in proceedings."
    Who
    Any operator, AI Office
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Reaches legal-AI vendors or public bodies — This protects supervised legal-AI operators in AI Office proceedings.
    See
    Art. 75(1) · Art. 75c(1)

  3. Art. 75d(2)Enforcement powerNot tier-specific

    If parties disagree on negotiated disclosure terms for file access, the AI Office may adopt decisions setting out those terms.

    "The AI Office shall have the power to adopt decisions setting out such terms of disclosure in the case of disagreement between the parties."
    Who
    AI Office
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Reaches legal-AI vendors or public bodies — Disclosure decisions may shape access to confidential material in legal-AI enforcement proceedings.
    See
    Art. 75d(2)

  4. Art. 75d(3)Delegated or implementing actNot tier-specific

    The Commission may adopt implementing acts on practical arrangements for file access and negotiated disclosure under Article 75d(2).

    "The Commission may adopt implementing acts concerning the practical arrangements for access to the file and the negotiated disclosure of information provided for in paragraph 2."
    Who
    Commission
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Institutional — Procedural implementing acts indirectly affect supervised legal-AI operators in AI Office cases.
    See
    Art. 75d(2)

  5. Art. 75d(4)Governance institutionalNot tier-specific

    The AI Office must publish Article 75b and 75c decisions, stating party names and main content including penalties, while respecting confidential information interests.

    "The AI Office shall publish the decisions it adopts pursuant to Articles 75b and 75c."
    Who
    AI Office
    From
    (Art. 113 second subparagraph (general application))
    Legal practice
    Reaches legal-AI vendors or public bodies — Publication can expose enforcement outcomes involving supervised legal-AI operators.
    See
    Art. 75b · Art. 75c

Cite

Regulation (EU) 2024/1689, Article 75d (Safeguards and further specification), 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_75d — 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-75d, accessed 2026-09-08, CC BY 4.0.