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

Article 80
Procedure for dealing with AI systems classified by the provider as non-high-risk in application of Annex III

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. 4 distinct duties, powers or definitions are coded from this article, applying from 2026-08-02. 4 reach legal practice directly.

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. Where a market surveillance authority has sufficient reason to consider that an AI system classified by the provider as non-high-risk pursuant to Article 6(3) is indeed high-risk, the market surveillance authority shall carry out an evaluation of the AI system concerned in respect of its classification as a high-risk AI system based on the conditions set out in Article 6(3) and the Commission guidelines.

2. Where, in the course of that evaluation, the market surveillance authority finds that the AI system concerned is high-risk, it shall without undue delay require the relevant provider to take all necessary actions to bring the AI system into compliance with the requirements and obligations laid down in this Regulation, as well as take appropriate corrective action within a period the market surveillance authority may prescribe.

3. Where the market surveillance authority considers that the use of the AI system concerned is not restricted to its national territory, it shall inform the Commission and the other Member States without undue delay of the results of the evaluation and of the actions which it has required the provider to take.

4. The provider shall ensure that all necessary action is taken to bring the AI system into compliance with the requirements and obligations laid down in this Regulation. Where the provider of an AI system concerned does not bring the AI system into compliance with those requirements and obligations within the period referred to in paragraph 2 of this Article, the provider shall be subject to fines in accordance with Article 99.

5. The provider shall ensure that all appropriate corrective action is taken in respect of all the AI systems concerned that it has made available on the Union market.

6. Where the provider of the AI system concerned does not take adequate corrective action within the period referred to in paragraph 2 of this Article, Article 79(5) to (9) shall apply.

7. Where, in the course of the evaluation pursuant to paragraph 1 of this Article, the market surveillance authority establishes that the AI system was misclassified by the provider as non-high-risk in order to circumvent the application of requirements in Chapter III, Section 2, the provider shall be subject to fines in accordance with Article 99.

8. In exercising their power to monitor the application of this Article, and in accordance with Article 11 of Regulation (EU) 2019/1020, market surveillance authorities may perform appropriate checks, taking into account in particular information stored in the EU database referred to in Article 71 of 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. 80(1)Enforcement powerHigh-risklegal practice

    Market surveillance authorities must evaluate AI systems classified by providers as non-high-risk when they have sufficient reason to consider the system is actually high-risk.

    "a market surveillance authority has sufficient reason to consider that an AI system classified by the provider as non-high-risk pursuant to Article 6(3) is indeed high-risk"
    Who
    Market surveillance authority
    From
    (Art. 113 second subparagraph)
    Legal practice
    Reaches legal practice directly — Legal-AI vendors relying on the Article 6(3) non-high-risk route may be challenged by authorities.
    See
    Art. 6(3) · Annex III
  2. Art. 80(2)Cooperation with authoritiesHigh-risklegal practice

    If the system is found high-risk, the provider must take necessary action to meet AI Act high-risk requirements and obligations and take corrective action within the prescribed period.

    "it shall without undue delay require the relevant provider to take all necessary actions to bring the AI system into compliance with the requirements and obligations laid down in this Regulation"
    Who
    Provider
    From
    (Art. 113 second subparagraph)
    Legal practice
    Reaches legal practice directly — A legal-AI provider may have to recode, document or assess a system after misclassification is found.
    See
    Chapter III Section 2
  3. Art. 80(4)PenaltyHigh-risklegal practice

    Providers that fail to bring a reclassified high-risk system into compliance within the prescribed period are subject to fines and must correct all affected Union-market systems.

    "the provider shall be subject to fines in accordance with Article 99"
    Who
    Provider
    From
    (Art. 113 second subparagraph)
    Fine tier
    Art. 99
    Legal practice
    Reaches legal practice directly — Misclassification of legal-sector high-risk AI may expose the provider to Article 99 fines.
    See
    Art. 99 · Art. 80(5)
  4. Art. 80(7)Enforcement powerHigh-risklegal practice

    Intentional misclassification to circumvent Chapter III Section 2 triggers Article 99 fines, and authorities may use EU database information for checks.

    "the AI system was misclassified by the provider as non-high-risk in order to circumvent the application of requirements in Chapter III, Section 2"
    Who
    Provider, Market surveillance authority
    From
    (Art. 113 second subparagraph)
    Fine tier
    Art. 99
    Legal practice
    Reaches legal practice directly — This is directly relevant to legal-AI providers claiming an Annex III system is non-high-risk.
    See
    Art. 11 Regulation (EU) 2019/1020 · Art. 71

Cite

Regulation (EU) 2024/1689, Article 80 (Procedure for dealing with AI systems classified by the provider as non-high-risk in application of Annex III), 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_80 — 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-80, accessed 2026-09-08, CC BY 4.0.