Direct answer
What obligations does the deployer have under Article 85 of the AI Act?
Your question is about Article 85: right to lodge a complaint with the market surveillance authority. That obligation applies today. Whether your system actually falls under it depends on conditions you assess yourself.
You determine this yourself
- Applies as soon as anyone has grounds to consider that the Regulation has been infringed. There is no standing threshold: the right belongs to any person, and the complaint goes to the market surveillance authority of the Member State concerned.
First step: Make sure you can answer a complaint with documents.
Article 85 of the AI Act covers right to lodge a complaint with the market surveillance authority. Anyone with grounds to consider that the Regulation has been infringed may lodge a complaint with the relevant market surveillance authority. For an organisation that means your own staff, customers and candidates have a route to the regulator that does not run through you. The duty sits with the deployer. This obligation has applied since 2 August 2026.
This applies now
Your first actions
- Make sure you can answer a complaint with documents. Record per AI system which assessment was carried out, by whom, on what date and against which system version, and agree who receives a question from the authority and within what period.
Record this
- Register of requests for an explanation
General interpretation, not legal advice. Checked against Regulation (EU) 2024/1689 and the Digital Omnibus (EU) 2026/1744; the official source remains authoritative.
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