Article 13 — Transparency and Provision of Information for Deployers

Legal Provision

Transparency and provision of information for deployers: requirement for providers of the AI system to supply information to deployers about the AI system.

Scope

Applies to providers of high-risk AI systems. In some cases, deployers also have obligations.

Requirement type

Duty: before and during deployment of high-risk AI system.

Actions to demonstrate compliance

A. Binary (yes/no): if these elements are present, there is evidence towards demonstrating compliance.

• Documentation including instructions for use and intended purpose for deployers.

B. Non-binary (require a contextual assessment): building on the binary actions, a contextual assessment of these points is required to further verify compliance with each specific legal basis.

• Availability of information in understandable language adapted to user audience
• Coherence between system complexity and documentation granularity.
• Transparency of known risks and foreseeable misuse scenarios.
• Accessibility for users with varying levels of technical literacy.
• Clear communication of when, why, and how to intervene or override system decisions.
• Updating user documentation in response to system changes or post-market feedback.

Monitoring requirement

• Version-controlled records of documentation and change history.
• Documentation of user training sessions and onboarding materials.
• Feedback mechanisms allowing users to report issues, misunderstandings, or deficiencies in the provided information.
• Logs of user acknowledgements or confirmations of having received and understood the provided information.

Consequences of non-compliance

• Administrative fines up to €15 000 000 or 3% of total worldwide annual turnover.
• Penalties and enforcement measures adopted at the Member State level.