Distributor Obligations for AI Systems

Legal Framework

Article 26 of the AI Act establishes the core obligations for distributors of AI systems. A distributor is defined as any natural or legal person in the supply chain, other than the provider or importer, who makes an AI system available on the Union market. The primary legal duties are threefold. First, before making a system available, a distributor must verify that the provider has fulfilled its obligations, including affixing the CE marking and preparing the required technical documentation. Second, the distributor must ensure that the AI system is accompanied by the required instructions and information for use. Finally, while the system is under their responsibility, distributors must ensure that storage or transport conditions do not jeopardize its compliance with the AI Act's requirements.

Practical Application

The distributor's role is one of verification, not of assuming the provider's conformity assessment obligations. The practical duty is to conduct "due care" checks. This requires distributors to have processes to confirm the presence of the CE marking, a Declaration of Conformity, and the required provider information (e.g., name, registered trade name or mark, and contact address). If a distributor has reason to believe an AI system is non-compliant, or becomes aware of a serious incident, Article 26 obliges them to immediately inform the provider and the relevant market surveillance authorities. Furthermore, they must cooperate with those authorities upon request, which includes providing all necessary documentation to demonstrate conformity.

Key Considerations

• Implement a pre-distribution checklist to verify the provider's name and contact details, CE marking, and the availability of instructions for use and a Declaration of Conformity before making any AI system available.
• Establish a clear internal procedure for escalating potential non-compliance or incidents to both the provider and the competent market surveillance authority, as required by Article 26(4).
• Maintain organized records of your verification steps and correspondence with providers, as you must be able to provide these to market surveillance authorities to demonstrate your compliance with Article 26 obligations.