# Market surveillance and control of AI systems in the Union market 74(8) — AI Act — provision context

> Focused context for a single provision (74(8)), curated from overview.legal on 2026-10-06. Canonical: https://overview.legal/laws/ai-act/art-74#par-8
> Verify against the official text (EUR-Lex / wetten.overheid.nl) before relying on it.

Part of **Market surveillance and control of AI systems in the Union market** (AI Act, full article: https://overview.legal/laws/ai-act/art-74).

## Provision text

### 74(8)

For high-risk AI systems listed in point 1 of Annex III to this Regulation, in so far as the systems are used for law enforcement purposes, border management and justice and democracy, and for high-risk AI systems listed in points 6, 7 and 8 of Annex III to this Regulation, Member States shall designate as market surveillance authorities for the purposes of this Regulation either the competent data protection supervisory authorities under Regulation (EU) 2016/679 or Directive (EU) 2016/680, or any other authority designated pursuant to the same conditions laid down in Articles 41 to 44 of Directive (EU) 2016/680. Market surveillance activities shall in no way affect the independence of judicial authorities, or otherwise interfere with their activities when acting in their judicial capacity.


## Topics on this provision

- **Annex III Amendments** — https://overview.legal/topics/annex-iii-amendments
  This new topic is needed because amendments to Annex III represent specific regulatory changes to the AI Act's classification framework that warrant dedicated t
- **High-Risk AI Classification** — https://overview.legal/topics/high-risk-ai-classification
  The content specifically addresses classification rules for high-risk AI systems under the AI Act, which is a distinct regulatory concept requiring its own dedi
- **Market Surveillance and Control of AI Systems** — https://overview.legal/topics/market-surveillance-control-ai
  This new topic is needed to comprehensively cover the specific procedures, mechanisms, and authorities involved in market surveillance and control of AI systems
- **AI Act Territorial Scope** — https://overview.legal/topics/ai-act-territorial-scope
  The scope section of the AI Act includes specific provisions on territorial applicability and which providers are subject to the regulation regardless of their 
- **Market Surveillance Corrective Actions and Enforcement** — https://overview.legal/topics/market-surveillance-corrective-actions
  This topic addresses the specific enforcement and corrective actions available to authorities during market surveillance, including withdrawal, suspension, and 

## Cited by (exact-provision citations)

- **EDPB Annual Report 2024** (guidance) — https://overview.legal/posts/50818
- **Statement 3/2024 on data protection authorities’ role in the Artificial Intelligence Act framework** (guidance) — https://overview.legal/posts/125732
- **Statement 3/2024 on data protection authorities’ role in the Artificial Intelligence Act framework** §7 (guidance, EDPB) — https://overview.legal/posts/125732
- **Statement 3/2024 on data protection authorities’ role in the Artificial Intelligence Act framework** §6 (guidance, EDPB) — https://overview.legal/posts/125732
- **EDPB Annual Report 2024** §58 (guidance, EDPB) — https://overview.legal/posts/50818

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Generated by overview.legal · https://overview.legal/laws/ai-act/art-74#par-8 · 2026-10-06