Article 28 – Obligations of distributors, importers, users or any other third-party

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

Article 28 – Obligations of distributors, importers, users or any other third-party

Amendment 131, Article 28 – paragraph 1 – point a

Amendment 132, Article 28 – paragraph 1 – point b a (new)

Summary of Amendment ▪ 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. Comment:

▪ 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.

Summary of Amendment ▪ AM 131 adds the possibility of contractual arrangements, governing the allocation of obligations, to Article 28 paragraph 1 point a of the AI Act. Comment:

▪ The BDI welcomes this addition, as it increases the flexibility for companies to adapt the allocation of responsibilities to the specific context.

Summary of Amendment ▪ 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. Comment:

▪ We welcome this addition, as it creates a level playing field.