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

Article 76
Supervision of testing in real world conditions by market surveillance authorities

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. 3 distinct duties, powers or definitions are coded from this article, applying from 2026-08-02.

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. Market surveillance authorities shall have competences and powers to ensure that testing in real world conditions is in accordance with this Regulation.

2. Where testing in real world conditions is conducted for AI systems that are supervised within an AI regulatory sandbox under Article 58, the market surveillance authorities shall verify the compliance with Article 60 as part of their supervisory role for the AI regulatory sandbox. Those authorities may, as appropriate, allow the testing in real world conditions to be conducted by the provider or prospective provider, in derogation from the conditions set out in Article 60(4), points (f) and (g).

3. Where a market surveillance authority has been informed by the prospective provider, the provider or any third party of a serious incident or has other grounds for considering that the conditions set out in Articles 60 and 61 are not met, it may take either of the following decisions on its territory, as appropriate:

  1. (a)to suspend or terminate the testing in real world conditions;
  2. (b)to require the provider or prospective provider and the deployer or prospective deployer to modify any aspect of the testing in real world conditions.

4. Where a market surveillance authority has taken a decision referred to in paragraph 3 of this Article, or has issued an objection within the meaning of Article 60(4), point (b), the decision or the objection shall indicate the grounds therefor and how the provider or prospective provider can challenge the decision or objection.

5. Where applicable, where a market surveillance authority has taken a decision referred to in paragraph 3, it shall communicate the grounds therefor to the market surveillance authorities of other Member States in which the AI system has been tested in accordance with the testing plan.

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. 76(1)Enforcement powerHigh-risk

    Market surveillance authorities have competence and powers to ensure that testing in real-world conditions complies with the Regulation, including sandbox-supervised testing.

    "Market surveillance authorities shall have competences and powers to ensure that testing in real world conditions is in accordance with this Regulation."
    Who
    Market surveillance authority
    From
    (Art. 113 second subparagraph)
    Legal practice
    Reaches legal-AI vendors or public bodies — Providers or prospective providers testing high-risk legal AI may be supervised under these powers.
    See
    Art. 58 · Art. 60

  2. Art. 76(3)Enforcement powerHigh-risk

    If serious incidents or unmet testing conditions arise, a market surveillance authority may suspend or terminate testing or require modifications by providers and deployers.

    "it may take either of the following decisions on its territory, as appropriate:"
    Who
    Market surveillance authority
    From
    (Art. 113 second subparagraph)
    Legal practice
    Reaches legal-AI vendors or public bodies — Real-world testing of high-risk legal AI could be stopped or changed by authorities.
    See
    Art. 60 · Art. 61

  3. Art. 76(4)Cooperation with authoritiesHigh-risk

    Authority decisions or objections on real-world testing must state reasons and challenge routes, and grounds must be communicated to other Member State authorities when applicable.

    "the decision or the objection shall indicate the grounds therefor and how the provider or prospective provider can challenge the decision or objection"
    Who
    Market surveillance authority
    From
    (Art. 113 second subparagraph)
    Legal practice
    Institutional — This is a procedural protection for supervised real-world testing.
    See
    Art. 60(4)(b)

Cite

Regulation (EU) 2024/1689, Article 76 (Supervision of testing in real world conditions by market surveillance 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_76 — 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-76, accessed 2026-09-08, CC BY 4.0.