EU AI Act Authorized Representative Program

To determine whether your AI system qualifies as high-risk under the EU AI Act, you must consider whether it falls into one of the following categories.
• AI used in regulated products
• AI systems are considered high-risk if they are a safety component of, or are themselves, products regulated under certain EU product safety laws that require third-party conformity assessment. Examples include products covered by EU directive or regulations covering machinery, medical devices, radio equipment, vehicles, aviation, and other regulated equipment.
• AI used in sensitive areas

AI systems are also high-risk if they are intended for use in certain sensitive areas listed in Annex III of the AI Act, including:
• Biometric identification and categorization
• Critical infrastructure
• Education and vocational training
• Employment and worker management
• Access to essential services
• Law enforcement
• Migration, asylum, and border control
• Administration of justice and democratic processes

The classification depends on the intended purpose of the system and its potential impact on health, safety, or fundamental rights. VeraSafe can help assess your system’s risk classification, guide you through the applicable obligations, and help prepare the necessary documentation to support your compliance.

Under the EU AI Act, certain AI systems listed in Annex III are presumed to be high-risk due to their use in sensitive domains. An AI system referred to in Annex III shall always be considered to be high-risk where the AI system performs profiling of natural persons. However, Article 6(3) provides specific exemptions for systems that do not pose a significant risk to health, safety, or fundamental rights. These exemptions apply when the AI system:

• Performs a narrow procedural task, such as transforming unstructured data into structured formats, classifying documents, or detecting duplicates: tasks that are limited in scope and do not materially influence decision-making.
• Improves the result of a previously completed human activity, such as refining the tone or formatting of a document, without altering its substantive content.
• Detects decision-making patterns or deviations from prior decisions, without replacing or influencing the original human judgment, without proper human review.
• Supports a preparatory task to an assessment relevant for the purposes of the use cases listed in Annex III.

If a provider believes their system qualifies for one of these exemptions, Article 6(4)requires them to document their assessment before placing the system on the market or putting it into service, clearly explain why the system does not materially influence decision-making or pose significant risks, register the system in the EU AI database in accordance with Article 49(2), and provide the documentation to national competent authorities upon request. VeraSafe can assist in preparing this documentation and ensuring it meets regulatory expectations.

Generally, no. VeraSafe will receive and relay communications from authorities back to you. In the event that we reasonably believe that VeraSafe is required by law to respond to an inquiry, we will notify you of the circumstances and respond in order to satisfy the legal obligation. 

Yes. VeraSafe is well equipped to advise your organization on the Digital Services Act. From compliance assessments to remediation support, our team is here to guide you every step of the way. Schedule a free consultation to learn more.