{"answer_id":"praxikon:eu:ai-act:answer:artikel-86-ai-act","canonical_page":"https://www.praxikon.com/en/antwoord/artikel-86-ai-act","query":"What obligations does the deployer have under Article 86 of the AI Act?","lang":"en","view":"full","mode":"obligation","question":"What obligations does the deployer have under Article 86 of the AI Act?","situation":"Article 86 of the AI Act covers right to an explanation of a decision. A person affected by a decision that a deployer takes on the basis of the output of a high-risk AI system listed in Annex III may request an explanation of the role of that system in the decision-making procedure and of the main elements of the decision taken. The duty sits with the deployer. This obligation has applied since 2 August 2026.","likely_role":null,"note":null,"matched_terms":[],"dataset":{"id":"praxikon:sys:registry:dataset:ai-act-implementation-graph","version":"2.1.0","schema_version":"1.4.0","effective_at":"2026-08-08T00:00:00.000Z","known_at":"2026-08-14T00:00:00.000Z","last_reviewed_at":"2026-08-08T00:00:00.000Z","licence":"https://www.praxikon.com/nl/legal/terms","canonical_url":"https://www.praxikon.com/api/v1/entities"},"obligations":[{"slug":"article-86-right-to-explanation","label":"Article 86: right to an explanation of a decision","summary":"A person affected by a decision that a deployer takes on the basis of the output of a high-risk AI system listed in Annex III may request an explanation of the role of that system in the decision-making procedure and of the main elements of the decision taken.","legal_status":"applicable","deadline_at":"2026-08-02T00:00:00.000Z","human_page":"https://www.praxikon.com/en/verplichtingen/article-86-right-to-explanation","api":"https://www.praxikon.com/api/v1/obligations?lang=en","official_source":"https://eur-lex.europa.eu/eli/reg/2024/1689/oj","citations":[{"kind":"official_fact","statement":"Paragraph 1 gives any affected person subject to a decision taken by the deployer on the basis of the output of a high-risk AI system listed in Annex III, with the exception of point 2 of that Annex, and which produces legal effects or similarly significantly affects that person in a way that they consider to have an adverse impact on their health, safety or fundamental rights, the right to obtain from the deployer clear and meaningful explanations of the role of the AI system in the decision-making procedure and of the main elements of the decision taken. Paragraph 2 provides that paragraph 1 does not apply to the use of AI systems for which exceptions from, or restrictions to, that obligation follow from Union or national law in compliance with Union law. Paragraph 3 provides that this Article applies only to the extent that the right referred to in paragraph 1 is not otherwise provided for under Union law.","source_id":"praxikon:eu:ai-act:source:reg-eu-2024-1689","source_locator":"Article 86(1)-(3)","source_url":"https://eur-lex.europa.eu/eli/reg/2024/1689/oj","eli":"http://data.europa.eu/eli/reg/2024/1689/oj"},{"kind":"editorial_interpretation","statement":"This right reaches you through a different channel than the rest of the Regulation. A regulator writes to you; a candidate or a citizen calls or emails, usually at your existing complaints or objections desk. That desk does not know today that an AI system was in the process, let alone what role it played, and that is where it goes wrong. Two things therefore matter more than the legal depth of the explanation itself: that your front line recognises such a request, and that it can be traced per decision which system in which version contributed to it. Without the second you can explain how your system works in general but not what happened in this case, and the latter is what is being asked. Note also the relationship with Article 22 GDPR: where that article already grants a right, Article 86 steps back, but the scope differs enough that you cannot settle the question in the abstract.","source_id":"praxikon:eu:ai-act:source:reg-eu-2024-1689","source_locator":"Article 86(1)-(3)","source_url":"https://eur-lex.europa.eu/eli/reg/2024/1689/oj","eli":"http://data.europa.eu/eli/reg/2024/1689/oj"},{"kind":"recommended_action","statement":"Record, per Annex III system that contributes to decisions about people, which decision was supported by which system version, and make sure your complaints or objections desk recognises a request for an explanation and routes it to someone who can answer it. Also determine per process whether Article 22 GDPR already grants a right, because Article 86 then steps back.","source_id":"praxikon:eu:ai-act:source:reg-eu-2024-1689","source_locator":"Article 86(1)-(3)","source_url":"https://eur-lex.europa.eu/eli/reg/2024/1689/oj","eli":"http://data.europa.eu/eli/reg/2024/1689/oj"}]}],"sources":[{"id":"praxikon:eu:ai-act:source:reg-eu-2024-1689","title":"EU Artificial Intelligence Act 2024/1689","publisher":"European Parliament and Council","canonical_url":"https://eur-lex.europa.eu/eli/reg/2024/1689/oj","eli":"http://data.europa.eu/eli/reg/2024/1689/oj","source_version":"original-oj-2024-07-12","verified_at":"2026-08-08T00:00:00.000Z"}],"first_actions":[{"label":"Set up how you handle a request for an explanation","summary":"Ensure your complaints or objections desk recognises a request for an explanation of an AI-supported decision, that it can be traced per decision which system in which version contributed to it, and that someone is designated to give the explanation."}],"evidence":[{"label":"Register of requests for an explanation","summary":"Per request: who made it, about which decision, which system and which version contributed to it, what explanation was given and when. This is also the file that shows you did not silently ignore the right.","url":null}],"guidance":[],"examples":[],"standards":[],"definitions":[],"answer_page":"https://www.praxikon.com/en/antwoord/artikel-86-ai-act","follow_up_questions":[],"disclaimer":"General interpretation, not legal advice. The official source remains authoritative.","methodology":"https://www.praxikon.com/en/methodologie"}