Article 82 — Compliant AI systems which present a risk (EU AI Act)

Article 82 of Regulation (EU) 2024/1689 — Compliant AI systems which present a risk. Official text, practical interpretation, key obligations and compliance implications.

Article 82 covers the uncomfortable case the conformity machinery cannot solve: an AI system that complies with the Act and still presents a risk to health, safety or fundamental rights. Compliance is not a liability shield when real-world danger appears.

Official Text Summary

Where, having performed an evaluation under Article 79, a market surveillance authority finds that a high-risk AI system complies with the Regulation and nonetheless presents a risk to the health or safety of persons, to fundamental rights, or to other aspects of public-interest protection, it requires the relevant operator to take all appropriate measures — without undue delay and within a period it may prescribe — to ensure the system no longer presents that risk when placed on the market or put into service. The Member State immediately informs the Commission and the other Member States, with details of the risk, the system's identification and the measures taken. The Commission consults the parties and can steer a Union-level response.

Key Obligations

• Where a compliant high-risk system nonetheless presents a risk, the market surveillance authority requires the operator to take all appropriate measures — the system must no longer present that risk when placed on the market or put into service
• The operator ensures corrective action along the whole supply chain, within a period the authority prescribes
• The Member State immediately informs the Commission and the other Member States, detailing the risk and the measures taken; the Commission consults and may propose Union-level follow-up

Compliance Timeline

Applies from 2 August 2026; the 2026 Digital Omnibus deferred the substantive high-risk obligations (Annex III to 2 December 2027, Annex I to 2 August 2028) but did not move this provision.