# Mutual Assistance Between Member States for AI Oversight — legal context bundle > Curated from overview.legal on 2026-08-22. Canonical page: https://overview.legal/topics/mutual-assistance-member-states-ai > Sources are cited per item. Verify against the official texts before relying on them. This topic is essential as the provision specifically addresses mutual assistance mechanisms between member states and the AI Office for coordinating market surveillance and control activities for AI systems. ## Overview ## Legal Framework The specific legal framework for mutual assistance between Member States for AI oversight is established by Articles 59 and 60 of the AI Act. Article 59 governs the obligations for mutual assistance between national market surveillance authorities, while Article 60 mandates the establishment of an AI Office within the Commission to facilitate and coordinate these activities. The law requires national authorities to cooperate, provide information, and carry out controls or enforcement measures upon request from another Member State's authority. The AI Office plays a central role in ensuring the uniform application of the regulation by supporting this cooperation and resolving disagreements. ## Practical Application The operational principles for this mutual assistance are interpreted through the lens of established administrative cooperation frameworks, such as the GDPR. Authoritative commentary, like that found in Tekst & Commentaar regarding similar mechanisms, indicates that refusals to provide assistance are strictly limited. An authority may only refuse a request for assistance on two grounds: first, if it lacks competence *ratione materiae* (regarding the subject matter) or regarding the specific measures requested; or second, if complying with the request would contravene Union law or its own national law. This creates a strong presumption in favor of cooperation. In practice, the AI Office will manage a dedicated information and communication system to streamline requests and responses, and it will intervene to mediate and resolve disputes where authorities cannot reach an agreement, ensuring consistent oversight across the single market. ## Key Considerations * **Prepare for Proactive Cooperation:** Organizations operating in multiple Member States should anticipate that an investigation or request for information initiated by one national authority can be efficiently escalated to, and enforced by, authorities in other jurisdictions where the organization is active. * **Understand the Limited Grounds for Refusal:** National authorities have very narrow legal justification to refuse an assistance request from a peer. Organizations cannot rely on jurisdictional arguments to shield activities in one Member State from scrutiny initiated in another. * **Centralized Coordination is Key:** The AI Office is not a passive body. Its role in dispute resolution and coordination means that divergent national interpretations of the AI Act’s requirements are likely to be addressed and harmonized through this mutual assistance framework, leading to more uniform enforcement expectations. ## Legislation (full text of key provisions) ### Mutual assistance, market surveillance and control of general-purpose AI systems *Source: AI Act, aiact-art-75-en, 2024-06-12 — https://overview.legal/posts/93253* ### Recital 161 — Union and national supervision responsibilities for general-purpose AI *Source: AI Act, aiact-rec-161-en, 2024-06-12 — https://overview.legal/posts/94004* It is necessary to clarify the responsibilities and competences at Union and national level as regards AI systems that are built on general-purpose AI models. To avoid overlapping competences, where an AI system is based on a general-purpose AI model and the model and system are provided by the same provider, the supervision should take place at Union level through the AI Office, which should have the powers of a market surveillance authority within the meaning of Regulation (EU) 2019/1020 for this purpose. In all other cases, national market surveillance authorities remain responsible for the supervision of AI systems. However, for general-purpose AI systems that can be used directly by deployers for at least one purpose that is classified as high-risk, market surveillance authorities should cooperate with the AI Office to carry out evaluations of compliance and inform the Board and other market surveillance authorities accordingly. Furthermore, market surveillance authorities should be able to request assistance from the AI Office where the market surveillance authority is unable to conclude an investigation on a high-risk AI system because of its inability to access certain information related to the general-purpose AI model on which the high-risk AI system is built. In such cases, the procedure regarding mutual assistance in cross-border cases in Chapter VI of Regulation (EU) 2019/1020 should apply mutatis mutandis. ## Guidance ### EDPB Work Programme 2026-2027 *Source: EDPB, 2026-02-12 — https://overview.legal/posts/125689 — original: https://www.edpb.europa.eu/documents/reports-statements-and-letters/edpb-work-programme-2026-2027_en* EDPB Work Programme 2026–2027 Adopted on 11 February 2026 EDPB Work Programme 2026-2027 2 The European Data Protection Board The European Data Protection Board (EDPB) is an independent European body established by the General Data Protection Regulation (GDPR). The EDPB has the following main tasks: • Issuing opinions, guidelines, recommendations and best practices to promote a common understanding of the GDPR and the Law Enforcement Directive (LED); • Advising the European Commission on any… ### Statement 6/2024 on the Second Report on the Application of the General Data Protection Regulation - Fostering Cross-Regulatory Consistency and Cooperation *Source: EDPB, statement-62024-on-the-second-report-on-the-application-of-en, 2024-12-03 — https://overview.legal/posts/125698 — original: https://www.edpb.europa.eu/documents/reports-statements-and-letters/statement-62024-on-the-second-report-on-the-application-of_en* 1 Statement 6/2024 on the Second Report on the Application of the General Data Protection Regulation - Fostering Cross - Regulatory Consistency and Cooperation Adopted on 3 December 2024 Executive summary The European Data Protection Board welcomes the reports from the European Commission and the Fundamental Rights Agency and takes this opportunity to confirm several ongoing initiatives which would help address some recommendations on cooperation under the GDPR, the future R egulation laying… ### EDPB Work Programme 2024-2025 *Source: EDPB, edpb-work-programme-2024-2025-en, 2024-10-09 — https://overview.legal/posts/125711 — original: https://www.edpb.europa.eu/documents/reports-statements-and-letters/edpb-work-programme-2024-2025_en* The European Data Protection Board (EDPB) is an independent European body established by the General Data Protection Regulation (GDPR). The EDPB has the following main tasks: 1. In line with the Article 29 of the EDPB Rules of Procedure. This Work Programme is valid from 8 October 2024 until 31 December 2025 and supersedes, for the remaining part of 2024, the previous Work Programme 2023–2024. 2. https://www.edpb.europa.eu/system/files/2024-04/edpb_strategy_2024-2027_en.pdf EDPB Work Programme… ### EDPB Annual Report 2023 *Source: EDPB, edpb-annual-report-2023-en, 2024-04-23 — https://overview.legal/posts/125756 — original: https://www.edpb.europa.eu/documents/reports-statements-and-letters/edpb-annual-report-2023_en* EDPB Annual Report 2023 1 2023 ANNUAL REPORT SAFEGUARDING INDIVIDUALS' DIGITAL RIGHTS 2 FOREWORD 4 HIGHLIGHTS 2023 6 1. THE EDPB SECRETARIAT 8 1.1. MISSION AND ACTIVITIES IN 2023 9 1.2. RE-ORGANISING THE SECRETARIAT IN 2023 12 2. EUROPEAN DATA PROTECTION BOARD - ACTIVITIES IN 2023 14 2.1. BINDING DECISIONS 14 2.2. CONSISTENCY OPINIONS 19 2.3. GENERAL GUIDANCE 21 2.3.1. Guidelines 03/2022 on deceptive design patterns in social media platform interfaces: how to recognise and avoid them 21 2.3.2.… ### EDPB Article 97 GDPR application report: GDPR successful but improvements needed *Source: EDPB, contribution-of-the-edpb-to-the-report-on-the-application-en, 2023-12-15 — https://overview.legal/posts/125790 — original: https://www.edpb.europa.eu/documents/reports-statements-and-letters/contribution-of-the-edpb-to-the-report-on-the-application_en* 1 Adop ted Contribution of the EDPB to the report on the application of the GDPR under Article 97 Adopted on 12 December 2023 2 Adop ted 3 Adop ted Ge neral EDPB policy messages 1 The application of the GDPR in the first 5 and a half years has been successful. The GDPR has strengthened, modernised and harmonised data protection principles across the EU. Awareness of data protection rights and obligations was raised significantly among data subjects, as well as public and private organisations.… ### EDPB Work Programme 2023-2024 *Source: EDPB, edpb-work-programme-2023-2024-en, 2023-02-22 — https://overview.legal/posts/125868 — original: https://www.edpb.europa.eu/documents/reports-statements-and-letters/edpb-work-programme-2023-2024_en* EDPB Work Programme 2023/2024 Adopted on 14 February 2023 The European Data Protection Board The European Data Protection Board (EDPB) is an independent European body established by the General Data Protection Regulation (GDPR). The EDPB has the following main tasks: To issue opinions, guidelines, recommendations and best practices to promote a common understanding of the GDPR and the Law Enforcement Directive (LED); To advise the European Commission on any issue related to the protection of… ### EDPB Annual Report 2021 *Source: EDPB, edpb-annual-report-2021-en, 2022-05-12 — https://overview.legal/posts/125941 — original: https://www.edpb.europa.eu/documents/reports-statements-and-letters/edpb-annual-report-2021_en* Enhancing the depth and breadth of data protection 2 EDPB Annual Report 2021 2 ENHANCING THE DEPTH AND BREADTH OF DATA PROTECTION An Executive Summary of this report, which provides an overview of key EDPB activities in 2021, is also available. Further details about the EDPB can be found on our website at edpb.europa.eu. 3 EDPB Annual Report 2021 3 GLOSSARY 7 FOREWORD 10 2021 - HIGHLIGHTS 13 3.1. STRATEGY 2021-2023 AND WORK PROGRAMME 2021-2022 13 3.2. EDPB OPINIONS ON DRAFT UK ADEQUACY… ### Contribution of the EDPB to the European Commission’s evaluation of the Data Protection Law Enforcement Directive (LED) under Article 62 *Source: EDPB, contribution-of-the-edpb-to-the-european-commissions-en, 2021-12-14 — https://overview.legal/posts/125973 — original: https://www.edpb.europa.eu/documents/reports-statements-and-letters/contribution-of-the-edpb-to-the-european-commissions_en* Adopted Contribution of the EDPB to the European Commission’s evaluation of the Data Protection Law Enforcement Directive ( LED ) under Article 62 Adopted on 14 December 2021 2 3 The European Data Protection Board Having regard to Articles 51(1)(a)(b) and (h) of the Directive ( EU ) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal da ta by competent authorities for the purposes of the… ## Literature ### Training national judges for digital competition law: the DMA, private enforcement, and the infrastructure of judicial capacity *Source: Journal of European Competition Law & Practice, 2026-05-27 — https://overview.legal/posts/53835 — original: https://doi.org/10.1093/jeclap/lpag040* The EU has adopted a dense digitalization ‘acquis’, including the Digital Markets Act (DMA), the Digital Services Act (DSA), Data Act, and Artificial Intelligence (AI) Act. Yet these regimes also create a ‘judicial’ order.1 National courts review National Competition Authorities' (NCAs) decisions, hear injunction and damages actions, manage disclosure and confidentiality, apply the principles of equivalence and effectiveness, and decide whether to refer questions to the Court of Justice. In digi ## Related topics - **Artificial Intelligence** — https://overview.legal/topics/ai AI systems and their implications for data protection - **Supervision** — https://overview.legal/topics/toezicht Oversight and enforcement by supervisory authorities - **Personal Data** — https://overview.legal/topics/persoonsgegevens Information relating to identified or identifiable natural persons - **International Transfer** — https://overview.legal/topics/internationale-doorgifte Transfer of personal data outside the EU/EEA - **Law Enforcement** — https://overview.legal/topics/law-enforcement Processing for law enforcement purposes - **Monitoring** — https://overview.legal/topics/monitoring Systematic observation and tracking of individuals --- Generated by overview.legal · https://overview.legal/topics/mutual-assistance-member-states-ai · 2026-08-22