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

Article 85
Right to lodge a complaint with a market surveillance authority

Chapter IX — Post-market monitoring by providers and post-market monitoring plan for high-risk AI systems, Section 4 — Right to lodge a complaint with a market surveillance authority. 2 distinct duties, powers or definitions are coded from this article, applying from 2026-08-02. 1 reaches 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

Without prejudice to other administrative or judicial remedies, any natural or legal person having grounds to consider that there has been an infringement of the provisions of this Regulation may submit complaints to the relevant market surveillance authority.

In accordance with Regulation (EU) 2019/1020, such complaints shall be taken into account for the purpose of conducting market surveillance activities, and shall be handled in line with the dedicated procedures established therefor by the market surveillance authorities.

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. 85Right of personNot tier-specificlegal practice

    Any natural or legal person with grounds to consider there has been an AI Act infringement may submit complaints to the relevant market surveillance authority.

    "any natural or legal person having grounds to consider that there has been an infringement of the provisions of this Regulation may submit complaints to the relevant market surveillance authority"
    Who
    Natural person, Other
    From
    (Art. 113 second subparagraph)
    Legal practice
    Reaches legal practice directly — Clients, employees, litigants or organisations may complain about AI Act infringements affecting legal contexts.
    See
    Regulation (EU) 2019/1020

  2. Art. 85Cooperation with authoritiesNot tier-specific

    Market surveillance authorities must take such complaints into account for market-surveillance activities and handle them through dedicated procedures.

    "such complaints shall be taken into account for the purpose of conducting market surveillance activities, and shall be handled in line with the dedicated procedures"
    Who
    Market surveillance authority
    From
    (Art. 113 second subparagraph)
    Legal practice
    Reaches legal-AI vendors or public bodies — Complaints about legal-AI systems can feed into market surveillance procedures.
    See
    Regulation (EU) 2019/1020

Cite

Regulation (EU) 2024/1689, Article 85 (Right to lodge a complaint with a market surveillance authority), 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_85 — 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-85, accessed 2026-09-08, CC BY 4.0.