European AI Act
demonstrate a ‘reasoned request’. Moreover, it is not clear why the Commission and the Board should also (besides the national competent authority) receive the sensitive data.
Amendment 122, Article 23 – new paragraph 1 a Summary of Amendment
Comment:
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AM 122 empowers national competence authorities and the Commission ‘upon a reasoned request’ to request access to logs automatically generated by a highrisk AI system.
The AI act already contains several provisions requiring companies to disclose varios categories of data to authorities. Therefore, we believe that it is not necessary to introduce another – very unspecific – disclosure obligation in Article 23.
Article 28 – Obligations of distributors, importers, users or any other third-party Amendment 131, Article 28 – paragraph 1 – point a Summary of Amendment
Comment:
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AM 131 adds the possibility of contractual arrangements, governing the allocation of obligations, to Article 28 paragraph 1 point a of the AI Act.
The BDI welcomes this addition, as it increases the flexibility for companies to adapt the allocation of responsibilities to the specific context.
Amendment 132, Article 28 – paragraph 1 – point b a (new) Summary of Amendment
Comment:
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AM 132 adds the provision to Article 28 paragraph 1 that the modification of the intended purpose of non-high risk AI (already placed on the market or put into service) in such a way that the AI system has to be regarded as high-risk AI, leads to a transfer of provider obligations to distributors, importers, users and other third parties, too.
We welcome this addition, as it creates a level playing field.
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