Article 3: Definitions

According to Article 3, an AI system is a machine-based system designed to operate with varying levels of autonomy, that may exhibit adaptiveness, and infers from input how to generate outputs such as predictions, recommendations or decisions.

Article 3(3) defines a provider as a person or organisation that develops an AI system or general-purpose AI model and places it on the market or puts it into service under its own name or trademark.

Article 3(4) defines a deployer as a person or organisation using an AI system under its authority, except where the AI system is used in the course of a personal non-professional activity.

Article 3 of the AI Act does not provide a general exemption for SMEs. However, the AI Act includes supportive measures and potentially lighter obligations for small and medium-sized enterprises, depending on their role in the AI value chain.

Article 3 of the AI Act complements the GDPR. While the GDPR protects personal data, the AI Act focuses on the safety and trustworthiness of AI systems. Organisations must comply with both regulations when their AI system processes personal data.

The AI Act follows a phased implementation. Prohibited AI practices apply from February 2025, obligations for high-risk AI systems from August 2026, and other provisions take effect gradually. The specific deadline for Article 3 depends on the category of the obligation.

Yes, Article 3 of the AI Act may also be relevant when you purchase AI systems. As a deployer, you have your own obligations under the AI Act, regardless of whether you developed the system yourself or purchased it from a provider.

Under Article 3 of the AI Act, the provider is the entity that develops or places the AI system on the market, while the deployer is the entity that uses the system under its own authority. Both roles carry different obligations.