Article 78 of 11369%
Article 78: Confidentiality
EU Official:
ActiveIn force since 2 Aug 2025
Title VIII: Post-Market Monitoring & Surveillance
Article 78 requires all parties involved in applying the AI Act — the Commission, market surveillance authorities, notified bodies — to respect the confidentiality of information obtained.
Official text
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Source: EUR-Lex, Regulation (EU) 2024/1689. Text reproduced verbatim.
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Frequently asked questions
What does Article 78 AI Act regulate about confidentiality?+
Article 78 requires all parties involved in applying the AI Act — the Commission, market surveillance authorities, notified bodies — to respect the confidentiality of information obtained.
What documentation does Article 78 of the AI Act require?+
Article 78 of the AI Act requires that relevant documentation is maintained as part of the compliance process. This may include technical documentation, instructions for use, logs or declarations of conformity, depending on the classification of the AI system.
How do I document compliance with Article 78 of the AI Act?+
You document compliance with Article 78 of the AI Act by establishing a risk management system, maintaining technical documentation, and conducting internal audits. Keep all relevant documents for the period prescribed by the AI Act.