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ObligationApplicablev1.0.0

Article 85: 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 official source remains authoritative. This is general information about obligations and not legal advice. See this object on the map

Address and citation

This object has an address of its own that is never renamed or reused. Store the identifier in your own file, not the title or the link.

Identifier
praxikon:eu:ai-act:obligation:article-85-right-to-complain
Payload hash (sha256)
721db6d8aebb1ea9c2681a8ed7ba0daa59165fc2d8f3dc8d8974695ff70869fe

Citation line

Praxikon, "Article 85: right to lodge a complaint with the market surveillance authority", praxikon:eu:ai-act:obligation:article-85-right-to-complain@1.0.0, dataset praxikon:sys:registry:dataset:ai-act-implementation-graph 2.1.0 (schema 1.4.0), effective_at 2026-08-08T00:00:00.000Z, known_at 2026-08-14T00:00:00.000Z, sha256 721db6d8aebb1ea9c2681a8ed7ba0daa59165fc2d8f3dc8d8974695ff70869fe
Version
1.0.0
Legal time (effective_at)
2 August 2026
Knowledge time (known_at)
14 August 2026
Closed on
Not closed
Application date
2 August 2026
Topics
fundamental-rights

Review status: Placed against the official source (14 August 2026). Next check due by 10 February 2027. The check date is the knowledge date of this version; no later recheck has been recorded.

Who must act and who is affected

On an obligation the addressee is recorded separately from the party that is merely affected. That difference decides who a supervisory authority addresses and who has work to do without the duty resting on them.

Duty holder

  • Deployerpraxikon:eu:ai-act:actor:deployer

Affected actor

Not recorded on this object.

Oversight

Evidence owner

  • Deployerpraxikon:eu:ai-act:actor:deployer

What this object links to

Every relation appears below as a path: from the source with its locator, through the conditions and exceptions of the object carrying the relation, to the consequence. A locator belongs to a statement in the data and not to a relation, so the source is the source anchor of the carrying object.

Who carries the duty

1 of 1 shown

The duty rests on this role. A supervisory authority addresses this role when it is not met.

  1. Source

    Official fact on this object, with its locator.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 85

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    Via

    • Condition | allApplies 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.

    Consequence

    • ActorDeployer

      praxikon:eu:ai-act:actor:deployer

Who supervises this

1 of 1 shown

This role supervises and receives the notifications. It is the institutional role, not the national body that fills it.

  1. Source

    Official fact on this object, with its locator.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 85

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    Via

    • Condition | allApplies 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.

    Consequence

Who owns the evidence

1 of 1 shown

This duty holder creates, maintains and can produce the evidence.

  1. Source

    Official fact on this object, with its locator.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 85

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    Via

    • Condition | allApplies 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.

    Consequence

    • ActorDeployer

      praxikon:eu:ai-act:actor:deployer

What has to be done

1 of 1 shown

This is what concretely has to be done under the obligation.

  1. Source

    Official fact on this object, with its locator.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 85

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    Via

    • Condition | allApplies 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.

    Consequence

What has to be recorded

1 of 1 shown

This is what has to be in the file to show that the action was carried out.

  1. Source

    Official fact on this object, with its locator.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 85

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    Via

    • Condition | allApplies 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.

    Consequence

What keeps it in place

1 of 1 shown

This is what keeps compliance in place over time, periodic or event-driven.

  1. Source

    Official fact on this object, with its locator.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 85

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    Via

    • Condition | allApplies 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.

    Consequence

Public tools

1 of 1 shown

This is the public route a reader can actually use.

  1. Source

    Official fact on this object, with its locator.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 85

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    Via

    • Condition | allApplies 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.

    Consequence

What points at this object

Objects hanging off this obligation

4 of 4 shown

The object belongs to this obligation. The source line it hangs off sits there.

  1. Source

    This object carries no official fact of its own. The source line below sits on the obligation it hangs off; the link itself is recorded editorially.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 85

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    Via

    No condition or exception recorded on this object.

    Relation recorded on: Make sure you can answer a complaint with documents

    Consequence

  2. Source

    This object carries no official fact of its own. The source line below sits on the obligation it hangs off; the link itself is recorded editorially.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 85

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 86(1)-(3)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    Via

    No condition or exception recorded on this object.

    Relation recorded on: Routing and deadline tracking of a request for an explanation

    Consequence

  3. Source

    This object carries no official fact of its own. The source line below sits on the obligation it hangs off; the link itself is recorded editorially.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 85

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 86(1)-(3)

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    Via

    No condition or exception recorded on this object.

    Relation recorded on: Register of requests for an explanation

    Consequence

  4. Source

    This object carries no official fact of its own. The source line below sits on the obligation it hangs off; the link itself is recorded editorially.

    • EU Artificial Intelligence Act 2024/1689

      Locator: Article 85

      praxikon:eu:ai-act:source:reg-eu-2024-1689

      Open official source

    Via

    No condition or exception recorded on this object.

    Relation recorded on: Full text of Article 85

    Consequence

What this object states

Official fact

Attributable to a named primary source, with a locator. Where they differ, the official source prevails.

  • 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.

Our interpretation

Our own reading. It can change without the law changing, and it is not the position of a supervisory authority.

  • The practical meaning of this article lies not in what it instructs you to do but in whom it gives a route. An employee who thinks the scheduling or appraisal system is wrong, a rejected candidate, a customer who feels mishandled: they do not have to convince you first and do not have to show standing. The complaint arrives at the authority, and the first question you then face is about record keeping: which system, which version, which assessment was carried out and when. That is the same record keeping Articles 26 and 72 already require of you, and that is exactly the point. Whoever has that file answers a complaint with documents; whoever does not answers it with a reconstruction after the fact, and a regulator reads that differently. Note too that this right does not depend on harm or on a decision, whereas the right to an explanation in Article 86 does.

Recommended step

A practical step we consider appropriate. Not an obligation following from the Regulation.

  • Assume a complaint starts at the authority and not with you. Make sure that per AI system you can show which assessment was carried out, by whom, on what date and against which system version, and keep that as a living file rather than a one-off document. Also agree internally who receives a question from an authority and within what period.

When this applies

  1. 1Applies 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.

When this does not apply

No exception recorded on this object.

Referring to this object

Citation block

Copy this reference into your advice, article or file. The identifier, the version and the hash keep the statement findable later, even once the dataset has moved on.

Reference

Praxikon, "Article 85: right to lodge a complaint with the market surveillance authority",
praxikon:eu:ai-act:obligation:article-85-right-to-complain@1.0.0,
dataset praxikon:sys:registry:dataset:ai-act-implementation-graph 2.1.0 (schema 1.4.0),
effective_at 2026-08-02T00:00:00.000Z, known_at 2026-08-14T00:00:00.000Z,
sha256 721db6d8aebb1ea9c2681a8ed7ba0daa59165fc2d8f3dc8d8974695ff70869fe,
https://www.praxikon.com/en/verkenner/obligation/article-85-right-to-complain
(https://www.praxikon.com/api/v1/obligations?id=praxikon%3Aeu%3Aai-act%3Aobligation%3Aarticle-85-right-to-complain&effective_at=2026-08-02&known_at=2026-08-14&lang=en, accessed 2026-08-25)

Short form

praxikon:eu:ai-act:obligation:article-85-right-to-complain@1.0.0 (sha256 721db6d8)

BibTeX

@misc{praxikon-eu-ai-act-obligation-article-85-right-to-complain-1-0-0,
  author       = {{Praxikon}},
  title        = {Article 85: right to lodge a complaint with the market surveillance authority},
  year         = {2026},
  version      = {1.0.0},
  number       = {praxikon:eu:ai-act:obligation:article-85-right-to-complain},
  howpublished = {AI Act Change \& Evidence Graph, dataset 2.1.0, schema 1.4.0},
  note         = {effective_at 2026-08-02T00:00:00.000Z; known_at 2026-08-14T00:00:00.000Z; sha256 721db6d8aebb1ea9c2681a8ed7ba0daa59165fc2d8f3dc8d8974695ff70869fe},
  url          = {https://www.praxikon.com/en/verkenner/obligation/article-85-right-to-complain},
  urldate      = {2026-08-25},
  language     = {en}
}

CSL JSON

[
  {
    "id": "praxikon:eu:ai-act:obligation:article-85-right-to-complain@1.0.0",
    "type": "dataset",
    "title": "Article 85: right to lodge a complaint with the market surveillance authority",
    "container-title": "AI Act Change & Evidence Graph",
    "publisher": "Praxikon",
    "version": "1.0.0",
    "number": "praxikon:eu:ai-act:obligation:article-85-right-to-complain",
    "URL": "https://www.praxikon.com/en/verkenner/obligation/article-85-right-to-complain",
    "language": "en",
    "issued": {
      "date-parts": [
        [
          2026,
          8,
          14
        ]
      ]
    },
    "accessed": {
      "date-parts": [
        [
          2026,
          8,
          25
        ]
      ]
    },
    "note": "dataset praxikon:sys:registry:dataset:ai-act-implementation-graph 2.1.0; schema 1.4.0; effective_at 2026-08-02T00:00:00.000Z; known_at 2026-08-14T00:00:00.000Z; sha256 721db6d8aebb1ea9c2681a8ed7ba0daa59165fc2d8f3dc8d8974695ff70869fe; retrieved_from https://www.praxikon.com/api/v1/obligations?id=praxikon%3Aeu%3Aai-act%3Aobligation%3Aarticle-85-right-to-complain&effective_at=2026-08-02&known_at=2026-08-14&lang=en; licence https://www.praxikon.com/nl/legal/terms"
  }
]

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